BHOLA@ YADVINDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision has been preferred by the petitioner against the order dated 15.5.2012 passed by the learned Additional Sessions Judge, Srikaranpur, District Sriganganagar in Sessions Case No. 17/11 whereby the application filed by the petitioner accused under Section 91 of the Cr.P.C. for summoning of the statements of the certain witnesses has been rejected. Learned counsel for the petitioner contents that the petitioner is facing trial for the offences punishable with capital punishment as such, the statements of all the witnesses, who have been examined by the Investigating Officer were required to be called by the Court so that the accused can have a proper opportunity of proving his defence. He prays that the impugned under whereby the application filed by the petitioner for summoning of the statements of certain witnesses has been rejected, deserves to be quashed.

(2.) Learned Public Prosecutor opposes the arguments advanced on behalf of the petitioner and submits that the prosecution is only under an obligation by virtue of Sec. 173 Cr.P.C. to file the statements of such witnesses on record which it relies upon. He submits that apart from the relied upon witnesses, the statements of the other witnesses who have been examined during the course of the examination are neither relevant nor required to be filed along with the result of investigation as per Section 173 Cr.P.C.

(3.) Upon the consideration of the arguments advanced at the bar and after going through the Order impugned, it is evident that the witnesses, the statements whereof were sought to be summoned are not relied upon witnesses of the prosecution. As per Section 173 Sub-clause 5 Cr.P.C. only the statements recorded under Section 161 Cr.P.C. of all the persons whom the prosecution purposes to examine are to be filed along with the result of investigation. The accused is entitled to receive the copies of such statements by virtue of Section 207 Cr.P.C.