BHAGIRATH SINGH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petition is directed against order dated 11.01.2007 passed by the learned Addl. Sessions Judge, Parbatsar in Sessions Case No.05/2005 rejecting the application filed by the petitioners for examining them under Sec. 315, Crimial P.C.

(2.) It is submitted by learned counsel for the petitioners that the petitioners are facing trial for offence under Sec. 302, I.P.C. alongwith other accused persons. It is contended that the prosecution has taken years together to complete the prosecution evidence and about 100 prosecution witnesses were examined. Thus ample opportunity has been granted to the prosecution to prove its case. It is submitted that, thereafter, opportunity for leading evidence in defence was granted to the accused persons including petitioners. In defence, the petitioners moved application with the prayer to record their statements under Sec. 315, Crimial P.C. and further prayed for summoning defence witness Dr. Ashok Choudhary for whom earlier notices were issued but he is Government servant, therefore, he has not attended the Court; in the circumstances, in alternative, it was prayed by the petitioners that his statement may be recorded while sending commissioner. The learned trial Court has rejected the application vide the impugned order dated 11.01.2007.

(3.) Learned counsel for the petitioners submits that for rejecting the plea for recording statement under Sec. 315, Crimial P.C. it is observed that on 17.03.2006 it was submitted before the Court by the accused party that they are not willing to record their statements under Sec. 315, Crimial P.C. In this connection, learned counsel for the petitioner stated that no specific denial was made before the Court and a general observation is made that accused persons are not willing to record their statements under Sec. 315. It is vehemently contended by learned counsel for the petitioners that according to the right reserved to the accused to produce his evidence in defence, the petitioners are willing to give statements under Sec. 315, Crimial P.C., therefore, the learned trial Court ought to have granted the opportunity.