SITA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mr. K.K.Mehrish appearing for the petitioner made two fold submissions in support of his arguments to get release of the petitioner. The submissions made by Mr. Mehrish raise two questions which are of general importance. The first question is: Whether an early trial/speedy trial in a criminal case is possible or practicable unless the prosecuting agency and the concerned police officers take interest and feel their accountability and responsibility towards the courts proceedings? A second related question is: How long an accused be kept in prison as an under-trial even he is facing a charge of murder if the prosecuting agency adopt an attitude of indifference?

(2.) An early decision in a criminal case or sessions trial is possible only if the prosecution witnesses appear in the Court in time. Therefore, it is essential that the witnesses are properly served in time by the concerned authorities and they are produced in the Court. However the present case demonstrates the helplessness of the Presiding Officer of the court as both the wings, namely; the Prosecuting Agency as well as the concerned police officers have behaved in a callous manner and showed indifference towards the proceedings and orders of the court.

(3.) In the present case, the petitioner alongwith 16 other persons is facing trial under Section 302, I.P.C. The incident took place on May 12, 1990 and three persons lost their lives from the complainants side. The prosecution case is that all the seventeen accused persons armed with axes, guns and Khuntias etc. made an attack on the members of the complainant party causing injuries to Surjamal, Shishupal, Khemraj and Raghunath. Accusation against the petitioner is that he and the co-accused Durga Shanker were having guns and they made guns fires. It is also alleged that the injured persons ran towards the village Narainpura but they were chased by all the seventeen accused persons. Injured Surajmal, Shishupal and Khemraj died due to the injuries sustained by them.