SHIV NARAYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition u/s. 482 Cr. P. C. by petitioner Shiv Narayan Singh who appeared as a witness in Sessions Case No. 7/2000 State vs. Dayaram u/s. 302 IPC but did not depose in favour of the prosecution, therefore, the learned Sessions Judge while acquitting the accused, vide order dated 16. 6. 2000, passed certain remarks against the witness. The petitioner wants those remarks to be expunged.

(2.) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor for the State.

(3.) IN view of this clear law on the subject, the learned Sessions Judge should have restrained himself in passing remarks against the petitioner without giving him any opportunity of being heard much so, when the attention of the witness was not drawn during the trial to his statement u/s. 161 Cr. P. C. and no test identification of Daya Ram was conducted. Consequently, this petition u/s. 482 Cr. P. C. is allowed and it is ordered that the remarks passed against the witness in the judgment of learned Sessions Judge, Karauli dated 16. 6. 2000 stand expunged. .