INDER RAJ S/O SHRI SAMAN RAM JAT, RESIDENT OF VILLAGE BARSANGWAS, POLICE STATION MUNDAWAR, DISTRICT ALWAR (RAJASTHAN) Vs. VEDRAM S/O SHRI RAMCHANDRA JAT

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as also the learned counsel for the accused-respondents No. 1 & 2 and the learned Public Prosecutor.

(2.) The learned counsel for the petitioner submits that the learned trial Court has not adopted proper course during trial. Out of 11 witnesses mentioned in the calendar of witnesses, only 5 witnesses have been examined and the other witnesses have not even been called. He submits that the important witnesses like, Inder Raj, who happened to be eyewitness, Dr. Amar Singh Rathore, who medically examined the injured persons and Sanwant Singh Yadav, who investigated the occurrence have not been examined. The learned trial Court has also mentioned in the judgment that there is no need to examine the accused-persons under Section 313 Cr.P.C., therefore, it is clear that they have not been examined under the mandatory provisions of law. The learned counsel also submits that the accused persons have not been provided opportunity to adduce the defence witnesses also. He submits that the learned trial Court in a very hasty manner has disposed of the case without providing adequate opportunity to examine all the relevant prosecution witnesses and, therefore, the matter is required to be remanded back.

(3.) Per contra, the learned counsel appearing for the accused-respondents No. 1 and 2 submits that the adequate opportunity was provided by the learned trial Court. The learned counsel also submits that as the material witnesses turned hostile and did not support the prosecution story, there was no need to call other witnesses and examine them. He also submits that as per the statements of PW-1 Bhoop Singh S/o Tara Chand, Inder Raj, was not an eye-witness rather he tried to inflict injury by knife to Ved Ram which he missed. The learned counsel for the accused-respondents No. 1 & 2 thus submits that the learned trial Court has adopted proper procedure and, therefore, there is no need to remand the matter back.