SULTAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition u/sec. 482 Cr.RC. is directed against the order dated 27.9.02, passed by Addl. Sessions Judge No. 1, Fast Track, Jaipur City, Jaipur in sessions case No. 169/2001, under section 302 IPC. Two applications on behalf of the accused-petitioner were submitted before the learned Judge vide first application, prayer was made to someone experts and the learned Court allowed that application subject to payment of expenses of these witnesses. Learned Counsel contended that the reports of these experts are being relied upon by the prosecution, therefore the accused-petitioner should not be burdened with the expenses of these witnesses. This prayer seems to be genuine. Vide second application it was prayed that Investigation officer Shri Shanker Lal, while conducting departmental Inquiry against the accused-petitioner recorded the statements of Ramjilal, Rameshwar Prasad, Ishwar Singh, Lallu Ram and Chittar but copies of these statements were not given therefore, copies be given and these witnesses should be recalled for further cross-examination. Learned counsel submitted that all these witnesses before the trial court denied such statements in their cross-examination. This application was dismissed by learned trial judge.

(2.) I have heard learned counsel and learned Public Prosecutor. Learned Counsel reiterated to arguments contained the petition while learned Public Prosecutor supported the impugned order. Shri Shankerlal, i.O. admitted this fact in cross-examination on that he conducted departmental Inqury and recorded the statements of these five witnesses while these witnesses denied making any such statements, therefore, in the interest of justice, it is ordered trait the prosecution would submit these five statements recorded during departmental Inquiry and the accused-petitioner would apply for copies of the same to the concerned Court and thereafter, these five witnesses shall be recalled for further cross-examination with regard to these five statements recorded during D.E. Further the expenses of the expert witnesses shall be born by the state with these observation, this petition, alongwith stay application is disposed off. Petition disposed of accordingly.