SAKALDEO SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS criminal revision has been filed against the order dated 20.11.2002, whereby the learned Additional Sessions Judge rejected the petition under Section 311 of the Code of Criminal Procedure for examination of a witness in connection with Sessions Trial No. 70/2000 arising out of G.R No. 624 of 1998 registered under Sections 324, 302/34 of the Indian Penal Code and 3/4 of the Explosives Substance Act.

(2.) SHORT fact of the case as alleged that one Vishwanath Singh while returning from the call of nature the accused Devendra Singh alongwith other accused persons came there and Devendra Singh threw a bomb on him. The Informant raised halla. Vishwanath Singh sustained injury due to explosion of the bomb. In the meantime, accused persons fled away. Later on the injured died due to said injuries.

(3.) THE learned counsel, appearing on behalf of the petitioner submitted that because the Informant, Rajendra Singh already died within the period of trial, whose evidence could not be recorded and there is a specific averment made in the fardbeyan that Chhotan Mahto had also seen the occurrence but the prosecution could not examine him because of lack of foresightedness. It is further submitted that the prosecution may be given one more chance for examination of Chhotan Mahto as his evidence is essential to arrive at a correct conclusion of the case as well as the defence would also get opportunity to cross examine him at length. 4. On the other hand, the learned counsel appearing on behalf of the opposite party No. 2 contended before me that the prosecution failed to examine the said witness earlier, even though one more petition under Section 311, Cr PC was filed and now the prosecution wants to fill up the lacuna in the prosecution, which cannot be allowed. It is also submitted that Chhotan Mahto has not been examined by the Investigating Officer and as such his evidence is not essential for deciding the case. It is further submitted that prosecution has filed this petition under Section 311, Cr PC only to linger the disposal of the case.