ANISH MOHD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners are undergoing a trial for the offence punishable under Section 302 Indian Penal Code, inter-alia. During the course of that the trial court recorded statements of PW-4 Preetam Singh on 6.5.2010. On the same day and also on 31.5.2010 cross examination of the witness aforesaid was made in detail. On completion of cross examination the trial court permitted the public prosecutor for re- examination of witness reserving right for further cross examination. Because of paucity of time, the re- examination could not be made on 31.5.2010. On 26.8.2010, the public prosecutor did not choose to re- examine the witness. On the same day an application was filed by the witness himself seeking his re- examination on the count that while deposing earlier he was under pressure of the family of the deceased. An application was also filed on the same day by the present petitioners as per provisions of Section 311 Cr.P.C. for recalling and re-examination of witness PW-4 Preetam Singh. THE trial court under the order dated 5.10.2010 rejected the applications, thus, these misc. petitions are preferred to question correctness of the order aforesaid.

(2.) IT is submitted by counsel for the petitioners that as per provisions of Section 311 Cr.P.C. the trial court is empowered to summon and re- examine a person, if his evidence appears to it, to be essential to just decision of the case, but in the instant matter the trial court instead of examining the fact that whether recalling and re-examination of PW-4 Preetam Singh was essential to just decision of the case, rejected the application being failed to assess that whether earlier statements given by the witness concerned were under pressure or the desire made by him for re-examination is under pressure.

(3.) HEARD learned counsel for the parties. The scope of provisions of Section 311 Cr.P.C. is well defined. Hon'ble Supreme Court in the case of Mohanlal Shamji Soni v. Union of India and another, AIR 1991 SC 1346, while examining scope of provisions of Section 311 Cr.P.C. held as under:-