MOHABBAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners, by this petition under Section 482 Cr.P.C. have prayed that a direction may be issued to the learned Additional Sessions Judge, Bali, not to use the statements of the prosecution witnesses recorded under Section 161 Cr, P.C. as a substantive piece of evidence in putting questions to the accused under Section 313 Cr.P.C.

(2.) IT is contended by the learned Counsel for the petitioners that in this case while putting questions to the accused persons under Section 313 Cr. P.C, the learned Additional Sessions Judge, Bali has utilized the statement of the witnesses recorded by the police under Section 161 Cr.P.C. Learned Counsel for the petitioners, alongwith the petition under Section 482 Cr.P.C. has appended Schedule -I, which according to the learned Counsel for the petitioners, reveal that the contents of the question in relation to the statement of PW 2 Nana, PW 3 Ashiya, PW 6 Kalu, PW 8 Soma, PW 9 Bagga, PW 11 Ugam Kanwar and PW 24 Dhanna Ram, do not find place in their statements recorded by the Court during trial. These witnesses, according to the learned Counsel for the petitioner, were declared hostile and whatever has been stated by these witnesses in their police statement under Section 161 Cr. P.C, has been put to the accused -petitioners in their statement recorded under Section 313 Cr.P.C. Learned Counsel for the complainant Shri Mohnani and the learned Public Prosecutor do not challenge the factual aspect of the case and submit that of course the error has been committed by the learned Additional Sessions Judge in questioning the accused under Section 313 Cr.P.C. on the basis of the statement of the witnesses recorded under Section 161 Cr.P.C.

(3.) IN the result, the miscellaneous petition, filed by the petitioners, is allowed and the learned Additional Sessions Judge, Bali, is directed to re -frame the questions under Section 313 Cr.P.C. and put to the accused only those circumstances appearing in the evidence of the prosecution witnesses during trial and on the basis of the documents produced for the inspection of the Court and not to frame the questions on the basis of the statement recorded under Section 161 Cr. P.C, which cannot take place of the evidence and is not substantive piece of evidence. The learned Additional Sessions Judge, Bali, is further directed to complete the trial within a period of three months from today.