RAM CHANDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Vide this petition under Section 482, Cr. P.C. the accused petitioner has challenged the order dated 4-2-2003 whereby the learned Additional Sessions Judge (Fast Track), Sikar ordered to summon three witnesses in exercise of powers under Section 311, Cr. P.C. In Sessions Case No. 83/2002.

(2.) The relevant facts in very brief are that the accused petitioner Sh. Ram Chander is facing trial for an offence under Section 302, IPC for causing murder of five persons including his own wife, daughters and sons.

(3.) The prosecution examined as many as 19 witnesses. The prosecution closed down its evidence on 8-1-2003 and the case was fixed for further proceedings as provided under Section 313, Cr. P.C. but vide impugned order dated 4-2-2003 the learned Judge ordered to summon three press reporters namely Ramesh Sharma, Devendra Shastri and Abdul Razak on the ground that the confessional statement of the accused petitioner was published in the newspapers, hence these three witnesses should be examined on the point as to when and in what circumstances the statement of the accused petitioner came to be published in these newspapers. Section 311, Cr. P.C. is as under :- Power to summon material witness, or examine person present.- Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine, any person already examined, and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.