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Y.K.SABHARWAL, D.M.DHARMADHIKARI
State Of Orissa – Appellant
Versus
Debendra Nath Pandhi – Respondent
No, a death certificate of the accused cannot be produced at the stage of discharge.
At the discharge stage (under Sections 227 or 239 CrPC), the court considers only the "record of the case" and documents submitted by the prosecution (e.g., police report under Section 173 CrPC), along with hearing submissions of the accused and prosecution. (!) (!) [1000093430005][1000093430007] The accused has no right to produce any material or documents, as no provision in the CrPC grants such a right before trial; this is limited to the prosecution's materials to determine if there are sufficient grounds to proceed. [1000093430007][1000093430015][1000093430017][1000093430022]
Even invoking Section 91 CrPC for production of documents is not available to the accused at this stage, as necessity/desirability is assessed based on the prosecution's case, not defense materials. Defense evidence arises only during trial. (!) [1000093430023][1000093430024]
Permitting such production would allow a "mini trial," which defeats the CrPC's scheme for expeditious proceedings. [1000093430017][1000093430026] Submissions by the accused are confined to the prosecution's record. [1000093430017]
JUDGMENT
Y.K. Sabharwal, J.-Can the trial court at the time of framing of charge consider material filed by the accused, is the point for determination in these matters.
2. In Satish Mehra v. Delhi Administration and Another [(1996) 9 SCC 766], a two judge Bench judgment, it was observed that if the accused succeeds in producing any reliable material at the stage of taking cognizance or framing of charge which might fatally affect even the very sustainability of the case, it is unjust to suggest that no such material should be looked into by the court at that stage. It was held that the object of providing an opportunity to the accused of making submissions as envisaged in Section 227 of the Code of Criminal Procedure, 1973 (for short, the Code ) is to enable the court to decide whether it is necessary to proceed to conduct the trial. If the materials produced by the accused even at that early stage would clinch the issue, why should the court shut it out saying that such documents need be produced only after wasting a lot more time in the name of trial proceedings. It was further observed that there is nothing in the Code which shrinks the scope of such audience to oral arguments a
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