LALIT BAGRECHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 14.6.2002 passed by the learned Sessions Judge, Udaipur in Sessions case No. 392/99 whereby he has dismissed the application under Section 311 Cr.P.C.

(2.) THE relevant facts are that in the aforesaid Sessions trial the learned Sessions Judge, Udaipur after hearing the final arguments on 30.5.2002 fixed the case for pronouncement of Judgment on 6.6.2002. The petitioner filed an application on 31.5.2002 for summoning two witnesses namely Ravi Mandawat and Virendra Dangi to prove the love letters of deceased Smt. Manoj @ Mili. Learned Sessions Judge Udaipur after hearing the parties on the said application held that the power to summon any witness or to examine any person in attendance or to recall or re-examine any person already examined vests in the Court and the parties have no right to get any person summoned and examined as a witness. Learned court also observed that the love letters alleged to be written by the deceased ought to have been produced at the proper stage of trial and the same cannot be allowed to be proved at such a belated stage of the trial and accordingly the application was disallowed.

(3.) HE has prayed that only one opportunity may be afforded to the petitioner to examine these witnesses and in case the petitioner fails to examine these witnesses on the dates fixed, no further opportunity may be allowed. He has submitted that the earliest possible date may be fixed in the case so that there may not be any delay in the decision of the case. Learned Public Prosecutor has supported the order of the court below.