SEVARAM AND ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioners being aggrieved with the order dated 14.05.2014 passed by Additional Sessions Judge, No.1, Chittorgarh (for short 'the trial court' hereinafter), whereby the application filed by the petitioners under section 311 Cr.RC. for recalling oi witness has been rejected.

(2.) The petitioners are facing trial for the offences punishable under sections 147, 148, 149, 307, 323 IPC. As per the observations made by the trial court, the charges were framed against the petitioners on 16.12.2008 and on behalf of the prosecution, as many as 17 witnesses have been examined. The statements of the accused-persons have been recorded under section 313 Cr.P.C. and as the accused-persons have not produced any evidence in defence, the same has been closed and the matter is fixed for : final arguments.

(3.) Learned counsel for the petitioners has argued that the trial court has illegally rejected the application filed by the petitioners under section 311 Cr.RC. while observing that the same is not maintainable. It is also argued that the application filed by the petitioners for recalling or summoning the doctor, who had initially treated the injured persons at Government Hospital, Chittorgarh, was very much maintainable and, therefore, the impugned order passed by the trial court of treating the application of the petitioners under section 311 Cr.P.C. as not maintainable is liable to be quashed and set aside. The learned counsel for the petitioners has prayed that the trial court may be directed to decide the application filed by the petitioners under section 311 Cr.P.C. on merits while treating it as maintainable. Learned counsel for the petitioners has placed reliance on decision of Hon'ble Supreme Court in Godrej Pacific Tech. Limited v. Computer Joint India Limited, 2008 11 SCC 108.