GOPAL SHANKAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner - Gopal Shankar Singh of this revision application has challenged the order dated 22.07.2010 passed by Additional Sessions Judge, F.T.C. -V, Dhanbad in Sessions Trial No.490 of 1995 whereby and whereunder the petition filed by him to recall prosecution witnesses P.Ws.1, 2 and 3 for their re -cross examination/further cross examination has been rejected on the ground that there is no provision empowering the court to recall a witness specially to depose on the point of compromise. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the opposite party nos.2 and 3 and the learned counsel representing the State.

(2.) THE petitioner alongwith other accused persons have been facing trial for commission of the offence under Sections 302/304B of the Indian Penal Code. It is not necessary to enter into the details of the First Information Report which was instituted on a complaint filed by the present opposite party no.2 - Prem Kumar Singh but a brief description is required for proper consideration of the case. The present opposite party no.2 filed a complaint against the present petitioner and six others under Sections 498A/302 of the Indian Penal Code and in alternative Sections 498A/306 of the Indian Penal Code on the allegation that his younger sister Kanti Devi was married with the petitioner on 07.03.1988 but since after marriage she was subjected to physical torture due to nonfulfillment of demand of dowry at the hands of the accused persons. On several occasions, the complainant alongwith his family members tried to pacify the grievance but the torture continued and on 02.09.1994, the complainant came to know that his younger sister Kanti Devi died because of burn injury in her matrimonial house. The said complaint case was subsequently registered as Jharia P.S. Case No.402 of 1994 after the direction of the learned Chief Judicial Magistrate given under Section 156(3) of the Code of Criminal Procedure. After filing of charge sheet under Sections 302/304 of the Indian Penal Code, the case was committed to the court of Sessions. The charges were framed and thereafter P.W.1 - Vijay Kumar Singh, P.W.2 - Smt. Chinta Devi and P.W.3 - Prem Kumar Singh were examined and cross examined on 11.07.2001, 02.08.2001 and 14.08.2001 respectively. After closure of prosecution evidence, defence witnesses were also examined and some documents were brought on record. On 22.07.2010, a joint compromise petition was filed in the court concerned stating therein that at the intervention of their common friends and well wishers, parties have compromised the case outside the court and in view of the compromise, the informant did not want to proceed with the case. A separate petition to recall P.Ws.1, 2 and 3 on behalf of defence was filed on the ground that since the evidence of witnesses have been recorded and argument on behalf of the prosecution has also been completed further cross examination of the above witnesses on the point of compromise is necessary for the ends of justice.

(3.) THE court below by impugned order after hearing both the parties, rejected the prayer to recall the witnesses to depose on the point of compromise holding that it will amount to demolish what the prosecution has brought on record till now and there is no any provision empowering the court to recall a witness separately to depose on the point of compromise when the offences are not compoundable under Section 320 of the Indian Penal Code. Being aggrieved by the said order, the present revision application has been preferred.