MOHD HUSSAIN KHAN Vs. JABEEN

JUDGEMENT

(1.) THIS revision petition calls in question the legality of and validity of the order recorded on 11 -03 -1998 by Session Judge, Baramulla in Session file No. 14/92 titled State vs. Masrat Jabeen and Anr. for the offence u/s 302 RPC. It is at the admission stage that I propose to dispose it of as not maintainable for the reasons as under: -

(2.) THE Session case arising out of FIR No. 317/91 P/S Baramulla has remained pending before the learned Session Judge, from the month of March, 1992. Accused having pleaded not guilty to the charge sought trial consequent upon which the trial court directed vide the order dated 25 -02 -1992, the production and examination of listed prosecution witnesses. In the unambiguous order recorded on 19 -02 -1998, the trial Judge indicated it to the prosecution that their conduct in producing and examining the listed witnesses was not in any way satisfactory in so far as the investigating officer had not been afforded. The learned judge observed "In my opinion sufficient opportunities have been granted to the prosecution in this case (to produce witnesses) and in case prosecution does not or has not been able to avail to same, the consequences have to be faced by the prosecution. One of the important witnesses like the investigating officer has been left by the prosecution from the (SIC) 1992".

(3.) THE trial Judge forwarded, with these observations, the prosecuting agency that any lapse in not keeping the remaining witness in attendance may lead to the closure of the evidence. The trial court, however, afforded vide the order dated 19 -02 -1998, the last and final opportunity for the production of the examination of the witness.