OMKAR SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) In this petition under section 561 - A Cr. P.C. the petitioner one of the under- trial accused in a pending challan under section 304(11) RPC before Sessions Judge Budgam, seeks quashing of an order dated 14/10/1986, passed by the court below under section 540 Cr. P.C. whereby the prosecution has been allowed to examine prosecution witnesses after the closure of the evidence by the court below.

(2.) The facts which led to the filing of this petition are: that on 1-10-1983, a charge same to be framed against the petitioner and his wife co-accused under section 304 (Part 11) RPC, for having given beating to deceased Harbans Kaur, on 8-10-82, which resulted in her death on 13/14th December 1982 resulting the prosecution of the accused The prosecution appears to have examined, a few listed witnesses before the court below and the case was being adjourned from day to day for summoning the prosecution witnesses. Ultimately on 31-12-85 the trial court after having given many opportunities to the prosecution, closed the evidence of the prosecution by passing the order quoted as under: Order PP Present, Accused No.1 with the counsel present. No witness is present even today. From the perusal of the file it appears that the case has been hanging fire from 6-7-1985 for want of the report of experts and the 1.0. but despite all efforts and several opportunities neither the report in original has been furnished by the prosecution nor any reasons shown for non- production of the same. On 11/11/1985 at the request of the PP one final opportunity was afforded for compelling the attendance of further witnesses. Despite this indulgence no witness has been presented even today. Almost all the important witnesses have since been recorded and no useful purpose is likely to be served by protracting the trial any further in view of the inability of the prosecution to produce any further witnesses. The prosecution evidence as such is closed and is now posted for recording the statement of the accused on 2/2/1986.It appears that on 1/5/1986 the prosecution moved the court below by an application for examination of listed witnesses at serial Nos. 10 to 16 under section 540 Cr. P.C. which application appears to have been allowed by an order dated 14/10/1986 impugned in this petition.

(3.) I have heard learned counsel for both the parties and have perused the record.