CHOKHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition filed under section 482 Cr. P. C. has been directed against the order dated 4. 8. 1992 of the learned Additional Sessions Judge No. 3, Jodhpur passed in Sessions Case No. 63/89, whereby he dismissed the application filed on behalf of the petitioners-accused under section 311 Cr. P. C. for recalling P. W. Shri Gautam Bhasker, Investigation Officer for proving the police statement Ex. D-6 of alleged eye-witness Onkar Ram recorded under Section 161 Cr. P. C.

(2.) IT is an admitted position that the Investigation Officer Shri Gautam Bhasker was examined by the trial Judge on 16. 11. 91 and that thereafter alleged eye-witness P. W. 17 Onkar Ram's statement was recorded on 25. 4. 92. Onkar Ram resiled from the contents of his police statement and as such in cross-examination he was confronted to portions 'a' to 'b' and 'c' to 'd' of Ex. D. 6 regarding certain material omissions and contradictions regarding the weapon of offence. In order to prove his police statement Ex. D. 6, the accused petitioners filed an application under Section 311 Cr. P. C. for recalling Shri Gautam Bhasker, but the same was refused by the learned trial Judge on the ground that it was not necessary to allow further cross-examination of the said witness. Hence this petition.

(3.) HENCE, it is manifest that the learned Sessions Judge has ignored the mandatory provisions of Section 311 Cr. P. C. and arbitrarily declined to accept petitioner's application and as such the impugned order amounts to abuse of process of the court as also to secure the ends of justice, the impugned order can not be sustained.