BIRSA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application under Section 482, Cr PC is directed against the impugned order dated 1.12.2003 passed in Case No. RC 3(A)/2000, whereby and where - under prayer of the opposite party for recall of seven witnesses for their re -examination and examination of twenty -four additional witnesses was allowed.

(2.) FACTS briefly stated are that a case was lodged against the petitioner -accused of RC Case No. 3 (A)/2000 for possessing property disproportionate to his known source of income and CBI officials after investigation submitted charge -sheet against the petitioner -accused and trial commenced. In course of trial, it is stated that seventy -one witnesses have so far been examined and trial was continuing when a petition under Section 311, Cr PC was filed. The prosecution made two prayers; first for recalling of seven witnesses already examined for their re -examination and another prayer for allowing prosecution to examine twenty four additional witnesses, list of which was placed for their examination and the learned Court below after hearing both the sides allowed both the prayers.

(3.) ON the other hand, learned counsel for the opposite party submitted that powers of Court under Section 311, Cr PC are unfettered and for ensuring ends of justice, such witnesses, in any stage of trial, can be examined and no limitation on power of Court arising from stage to which trial has reached, can be exercised provided Court is of bonafide opinion that for just decision of case, step must be taken. In this connection, reliance was placed upon AIR 1968 SC 178. Reliance was further placed upon AIR 1991 SC 1346, in which it has been held that recall and re -examination can be exercised at any stage of proceeding, provided examination of such person is essential for just decision of the case.