PRABHURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision application raises two important questions of law: (1) Whether the trial court is competent to recall a prosecution witness to give evidence on a point on which he has already deposed earlier ? and (2) Whether the trial court can look into the police diary in order to ascertain the time and date of the medical examination of the injured ?

(2.) THE facts giving rise to the present revision application are in a very short compass. Dr. Chetan Prakash (PW. 3) was examined in the present case by the trial court. According to his statement the time of medical examination of the injuries was two hours earlier to the time and the date of occurrence. THE trial court while considering the case for giving judgement found that the time and date of the medical examination of the injured was not given in Ex. P. 1 and Ex. P. 2 and in place of that time of incident was given. On this the court asked the Assistant Public Prosecutor to call for the police diary. From the police diary the court found that on March 4, 1975, the day on which the incident is alleged to have taken place,, the doctor was out of station to attend some camp. It was mentioned that on account of this the medical examination could not be conducted and it would be now conducted to-morrow. A letter was also sent by the police to the doctor at Bhadra to conduct medical examination and this letter is dated March 5, 1975.

(3.) THE Supreme Court has held in this case that as the section stands there is no limitation on the power of the Court arising from the stage to which the trial may have reached, provided the Court is bonafidely of the opinion that for the just decision of the case, the step must be taken. It is clear that the requirement of just decision of the case does not limit the action to somthing in the interest of the accused only. THE action may equally benefit the prosecution.