KALU SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The defence evidence in Sessions Case No. 17/88 pending before the Sessions Judge. Jhalavar was closed on 31st March 1989. The accused petitioners moved an application under Sec. 311 Crimial P.C. for recalling two witnesses namely the doctor who examined the injured and the investigating officer. The purpose of recalling these two witnesses was to prove the cross first information report lodged by the accused and also the injury reports of the injuries received by some of the accused. This application has been dismissed by the learned Sessions Judge by order dated 27th April, 1989 on the ground that adequate opportunity had been given to the accused petitioners for putting their version and that 3-4 dates had already been fixed for final arguments and the case could not be re-opened for purposes of evidence.

(2.) The learned counsel for the petitioners has made it very clear that by recalling the two witnesses he wanted to prove the cross first information report and the injury reports of the accused and the site plan which was prepared in the cross case. These are the matters which are already in the police record in the counter case. If due to some omission, these documents were not proved, it does not mean that further opportunity cannot be given to the accused. These documents can be said to be relevant for purpose of deciding as to how the incident occurred and which party inflicted the injuries to the other. Even after passing six months I am told that the Sessions case has not been disposed of. As the matters which the accused petitioners want to bring in the notice of the court can be said to be relevant for purpose of deciding the case, the application of the petitioners deserves to be allowed.

(3.) This petition is accepted and the petitioners are allowed to recall the two witnesses namely the doctor and the Investigating Officer for further cross-examination. After giving this opportunity, the case should be disposed of. Application allowed.