Important Point—Narco Analysis Test, Brain Mapping Test and Polygraph Test cannot be conducted without any genuine requirement.

Vijay Bishnoi, J.

1. This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 01.08.2016 passed by the Additional Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Sessions Case No. 18/2014, whereby the application preferred on behalf of the petitioner under Section 54 read with Section 173(8) Cr.P.C. and Article 21 of the Constitution of India has been dismissed. In the said application, the petitioner has prayed that the prosecution be directed to conduct Narco Analysis Test, Brain Mapping Test and Polygraph Test upon him from the Forensic Directorate, Gujarat State.

2. Brief facts of the case are that on 22.12.2013, on the basis of the statement of Parmeshwari Devi wife of the petitioner, the FIR No. 347/2013 was registered at Police Station, Kudi Bhagtasani, District Jodhpur against the petitioner and six other persons for the offences punishable under Sections 143, 307, 498-A and 324 IPC. After registration of above mentioned FIR, the police started investigation and during the course of investigation, Parmeshwari Devi died. The police, after thorough investigation, filed charge-sheet against the petitioner for the offences punishable under Sections 324, 307, 498-A and 302 IPC, however, the investigation against other co-accused persons has been kept pending under Section 173(8) Cr.P.C.

3. The allegations against the petitioner is to the effect that he poured kerosene on his wife and thereafter enkindled the fire and on account of that she received severe burn injuries. Thereafter, she was got admitted to the hospitals first at Jodhpur and thereafter in a private hospital at Ahmedabad, where she died on 27.12.2013. Then the police has added commission of offence punishable under Section 302 IPC and thereafter filed charge-sheet against the petitioner for the offences punishable under Sections 324, 307, 498-A and 302 IPC.

4. The trial court has framed charges against the petitioner for the offences punishable under Sections 324, 307, 498-A and 302 IPC.

5. Before the trial court, the statements of witness PW-1 Subhash were recorded between 18.03.2015 to 19.08.2015, in which cross-examination of him has also been conducted, however, the statements in-chief of PW-2 Kailash were recorded on 15.06.2015 and on that day, counsel for the petitioner sought time to cross-examine him and the matter was adjourned. Thereafter, the petitioner moved an application under Section 54 read with Section 173(8) Cr.P.C. and Article 21 of the Constitution of India on 23.05.2016 and prayed to get the Narco Analysis Test, Brain Mapping Test and Polygraph Test conducted on him from the Forensic Directorate, Gujarat State. The said application of the petitioner was opposed by the prosecution as well as the complainant party and the trial court, after considering the arguments advanced on behalf of the parties, has rejected the said application vide impugned order while observing that the Narco Analysis Test, Brain Mapping Test and Polygraph Test are not conclusive evidence and it has further observed that the petitioner never asked for the said scientific tests during the course of investigation or also not raised any such argument at the time of framing of charges and, therefore, the prayer of the petitioner for conducting the said tests cannot be accepted. Being aggrieved with the same, the petitioner has filed this criminal misc. petition.

6. Learned counsel for the petitioner has argued that the petitioner has falsely been implicated in this case by his sons and brothers-in-law. It is contended that the wife of the petitioner committed suicide but his sons, brothers-in-law and the police in connivance with each other have made a false case of murder against the petitioner. It is contended that as a matter of fact when the wife of the petitioner poured kerosene upon herself and enkindled the fire and was burning, then