BALJINDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") impugns order dtd. 18/7/2022 passed by the Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases), Sri. Ganganagar (hereinafter referred to as "the trial court"), whereby the application dtd. 7/1/2022 filed by the respondent No. 2 under Sec. 311 of the Code, has been allowed.

(2.) Shorn of unwanted details, the facts in brief are that the petitioners are being prosecuted for offence under Ss. 302, 336, 458, 147, 148 and 149 of the Indian Penal Code, Sec. 27 of the Arms Act and Sec. 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, pursuant to F.I.R. No. 75/2019 registered at Police Station Kesarisinghpur, District Sri. Ganganagar which was registered in furtherance of a complaint lodged by complainant (Raja Singh).

(3.) At the stage of prosecution evidence, after eight witnesses had been examined, respondent No. 2-wife of the deceased, moved an application dtd. 7/1/2022, under Sec. 311 of the Code and requested the trial court to permit her to lead evidence as she was with the deceased in the hospital, when he breathed his last.