NARENDRA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners have challenged the order dated 13. 6. 2005 passed by Special Judge (Women Atrocities & Dowry Cases), Jaipur, whereby he has rejected an application filed by the petitioners under Section 311 Cr. P. C. for summoning two Investigating Officers as Court witnesses.

(2.) THE brief facts of the case are that a Mriag FIR was registered and an enquiry was stated. Initially, during the course of enquiry, the complainant did not level any substantial allegations against the accused petitioners. However, two days later, Sohan Lal, the brother of the deceased, submitted a report in the Police Station wherein he alleged the offences under Sections 498-A, 306 and 304-B IPC against the petitioner. Four different Investigation Officer (henceforth to be referred to as the I. O. , for short) of the rank of Addl. SP/deputy S. P. , carried out the investigation. Subsequently, the police submitted a charge sheet for offences under Sections 498-A and 306 IPC. But subsequently, the court framed a charge for offence under Sections 304-B IPC against the petitioners.

(3.) THE Code of Criminal Procedure recognizes the need to safeguard the life and liberty of the accused. In fact, at every turn and juncture it protects these two elements. Criminal judicial system has been created to do justice to the accused, to the State (representing the interest of the victim), and to the society at large. Undoubtedly, the primary function of the court is to do justice. In order to ensure justice, vast powers have been bestowed on the Court. One such power is contained in Section 311 of the Code. Section 311 Cr. P. C. reads as follows:- "311. Power to summon material witness, or examine person present.- Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. "