IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
K. SOMASHEKAR, J.
Avinasha K. @ Avinash K, S/o Ashok Kumar K. & Ors. - Petitioners
Versus
The State of Karnataka By PSI, Kampli Police Station - Respondents
CRL. P. NO. 100318 of 2018
Decided On : 04-10-2018
Criminal Procedure Code, 1973 - Sections 173, 207 and 311 - Indian Penal Code, 1860 - Sections 498-A, 302, 304-B, 506, 109 r/w 34 - D.P. Act - Sections 3 and 4 - Cruelty - Offence of Murder - Seeking production of Micro Chip and CD as additional documents/ evidence - Whether that micro chip and CD was in possession and involvement said to be narrated by his daughter when she was on treatment in hospital by sustaining severe burn injuries - Alleging that deceased has narrated incident which are faced by her during her marital life with the husband, being arraigned as accused no.1. She has narrated incident to her father-P.W.8 while she was in VIMS Hospital. Incident in which narrated by her was recorded/ video-graphed in the mobile phone by her father-P.W.8, complainant. Petitioners being arraigned as accused in aforesaid Sessions Case as wherein defence counsel have filed objections to the said application filed by prosecution for having to produce micro chip and CD as additional evidence - Held, It is not proper on part of prosecution to produce those documents, such as, micro chip and CD even at a later stage of prosecution as whimsical and fancical in order to establish guilt of accused, as wherein accused have been facing of a trial for the heinous offence which is reflected in the charge sheet and also charge has already been framed by trial Court and proceeded with case for facing of a trial. This aspect is requires to be consideration by the trial Court even for entertaining the application filed by the prosecution u/S 311 of Cr.P.C. even at the later stage. Merely because power is vested with trial Court, but same has been to exercise judicially and judiciously in order to consideration of the said application for the prosecution and even for defence also - Impugned order is set aside - Order accordingly.
1. This petition is filed by the petitioners-accused nos.1 to 4 in S.C. No. 5006/2016 by challenging the order passed by the trial Judge on an application filed u/S 311 of Cr.P.C. dated 30.01.2018 wherein the trial Court has permitted the prosecution to produce the additional evidence, as micro chip and CD.
2. I have heard the arguments of the learned counsel for the petitioners and the learned Govt. Pleader for the State and perused the records.
3. Brief facts of the case are as under:
The P.S.I. of Kampli Police Station has registered a case in Crime No. 137/2015 relating to the case in S.C. No. 5006/2016 for the offences stated supra wherein the Investigating Officer has laid the charge sheet against the accused in the aforesaid crime. Subsequent to laying the charge sheet against the accused, the trial Court has framed charge against them and thereafter proceeded with the case for trial.
4. In S.C. No. 5006/2016 the prosecution in all examined 44 witnesses including the complainant who is examined as P.W.8. On 06.12.2017 the prosecution has filed an application u/S 311 of Cr.P.C. as wherein seeking production of Micro Chip and CD as additional documents/ evidence, which were in possession of the complainant and also adducing evidence alleging that the deceased has narrated the incident which are faced by her during her marital life with the husband, being arraigned as accused no.1, namely, Avinash. She has narrated the incident to her father-P.W.8 while she was in VIMS Hospital, Ballari. The incident in which narrated by her was recorded/ video-graphed in the mobile phone by her father-P.W.8, the complainant. The petitioners being arraigned as accused in the aforesaid Sessions Case as wherein the defence counsel have filed objections to the said application filed by the prosecution for having to produce micro chip and CD as additional evidence.
5. Whereas the counsel for the petitioners herein has produced document no.1, which is the application filed by the prosecution u/S 311 of Cr.P.C. and the document no.2 is the objection filed by the defence counsel for the accused as they being the petitioners herein. Document no.3 is the copy of the order sheet maintained in the aforesaid Sessions case as wherein the trial Court has passed the impugned order dated 30.01.2018 on the application filed u/S 311 of Cr.P.C. for production of micro chip and CD as additional evidence. The accused are charge sheeted for the offences stated supra, as the prosecution set up the theory that the complainant- Honnura Rao’s daughter, namely, Jyoti, was given in marriage to accused No.1-Avinash on 02.05.2014. During her marriage, that her father has provided dowry in terms of cash and gold items. Subsequent to her marriage she had been to her matrimonial home to lead her marital life, wherein the accused have demanded additional dowry which is stated in the complaint and also extended life threat to her saying as to face dire consequences if they do not fulfill their demand. The same has been intimated by the said Jyoti to her father, who is the complainant-P.W.8. On 21.10.2015 that her husband-accused no.1, namely, Avinash, who had colluded with the other accused and doused kerosene on her person and set her ablaze, as a result of that, she sustained severe burn injuries and succumbed to the injuries. It is based upon his complaint, a crime came to be registered and thereafter the Investigating Officer proceeded with the case for investigation as wherein the Investigating Officer has laid the charge sheet in Crime No. 137/2015 against the accused for the aforesaid offences.
6. In this petition, the learned counsel namely Sri. V.M. Sheelavant, for the petitioners has taken me through the impugned order passed by the trial Court on the application filed by the prosecution u/S 311 of Cr.P.C. for production of micro chip and CD relating to the incident narrated by the deceased Jyoti, who being the daughter of the complainant, as the accused are the
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