TILOK RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Whether the witness, who step into witness-box, as defence witness and whose statement has been recorded under S. 161, Cr. P.C. by the Police can be confronted with his previous statement by the learned Public Prosecutor, appearing for the State, as well as, by the learned counsel appearing for the complainant or not, is a question, which has been raised before this Court.

(2.) In the instant petition preferred under S. 482, Cr. P.C., the order dated 12-5-2014 passed by the Court of Additional District and Sessions Judge, No. 3, Sikar, wherein above question has been answered in negative holding that the defence witness cannot be confronted with the statement recorded under S. 161, Cr. P.C., has been challenged.

(3.) Succinctly stated the facts of the instant petition are that on 11-10-2009 the complainant/petitioner had presented a written complaint against the accused persons at Police Station, Nechhwa, District Sikar. It was alleged in the complaint that on 11-10-2009 at about 08:30/08:45 p.m. complainant/petitioner and his father had gone from their house to inspect their field and to guard the fields from the wandering animals, who may have grazed the same. On the way, complainant/petitioner and his father were encircled by accused-Sukha Ram, Suresh and two-three other persons, who were armed with lathies, axes and gandasi and they threatened to kill them. Accused raised an exhortation that since complainant had been quarrelling with them, on that day score shall be settled. The father of complainant was caused numerous injuries, as a result thereof, he had expired. Consequently, a criminal case, bearing F.I.R. No. 105/2009, for offences punishable under Ss. 147, 148, 149, 341 and 302, I.P.C. was registered.