VEER PUNERJAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Additional Sessions Judge. Karauli Camp-Hindon by his order dated 25.4.1990 recalled Food Inspector Devi Singh as a witness for the reason that at the time of his statement, he was not examined in respect of certain important facts, specially the manner in which the seal was affixed. This order was passed while hearing the appeal.

(2.) Learned counsel for the petitioner has contended that a witness cannot be recalled for the purposes of filling-up the lacunas in a case, but can be called only when it is felt that further examination of the witness is essential for the just decision of the case. It is argued that it was for the witness and the Prosecution to place on record as to the manner in which particular item was sealed after purchase and if it has not been shown that the sealing was done in accordance with the rules then a valuable right has accrued to the accused and this cannot be taken away by recalling a witness for further examination.

(3.) I have considered the matter and it can be said that the powers u/s 311 Crimial P.C. are to be exercised to summon any person as a witness or to recall or re-examine any person when it is felt that the examination or re-examination of the witness is essential for the just decision of the case. It may be said that this can be used for the purposes of clarifying certain ambiguity or for getting a clear picture of the facts but if the prosecution or the accused has omitted to place the relevant material before the court then it would not mean in all cases that the witnesses should be recalled for the purposes of stating some-thing which he did not state earlier. The essential ingredients of an offence are some thing which the prosecution must place on record at the initial stage and unless there is some special reason to show that this could not be done for any particular reason, the court should not allow filling up of the lacunas.