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SUDESH BANSAL
Ramkaran Fagediya – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Sudesh Bansal, J. - Instant criminal Misc. petition under Section 482 Cr.P.C. has been filed by accused petitioners feeling aggrieved by the order dated 01.08.2022 passed in Sessions Case No.1/2020 (State v. Ramkaran & Ors.) by the Court of Additional Sessions Judge No.1, Jhunjhunu allowing the application of prosecution filed under Section 311 Cr.P.C. to recall prosecution witnesses PW-4 Dilip Kumar and PW-5 Azad Khan and further dismissing petitioners' application dated 08.09.2021 to separate the trial of their Sessions Case No.1/2020 from the trial of Sessions Case No.33/2021 (State v. Kishan Fagediya).
2. Relevant facts of the case in brief are that on the complaint lodged by non-petitioner No.2-complainant Buti Ram in respect of murder of his son Manoj Kumar, an FIR No.343/2019 was registered on 01.08.2019 at Police Station Kotwali, Jhunjhunu for offence under Section 302 IPC.
3. During course of investigation, both petitioners were arrested and after completing the investigation against them, charge-sheet No.261/2019 dated 20.10.2019 was filed against petitioners for offence under Sections 323, 365, 302, 201 and 34 IPC. Sessions Case No.1/2020 has been registered and cha
The court must exercise caution in recalling witnesses under Section 311 Cr.P.C. to avoid unfair advantage to the prosecution and ensure just decision.
The power under Section 311 CrPC should be exercised for the just decision of the case, and the evidence sought to be adduced must be essential, requiring judicial discretion.
The court confirmed the authority to recall witnesses under Section 311 Cr.P.C. is intended to ensure a just trial, balancing the need for complete evidence against the rights of the accused.
Section 311 of the Code mandates courts to allow recalling witnesses if essential for achieving a just decision, reflecting the right to a fair trial.
Section 311 of the Cr.P.C. allows courts to recall witnesses essential for a just decision, emphasizing that oversights in prosecution do not constitute irreparable lacunae. Judicial discretion must ....
The rejection of a request to recall witnesses under Section 311 CrPC is valid when it is deemed an attempt to prolong proceedings without just cause, emphasizing the need for fair trial principles.
The main legal point established in the judgment is the discretionary and mandatory aspects of S.311 of Cr.P.C., emphasizing the need for judicious exercise of power and the requirement for the evide....
The power under Section 311, Cr.P.C. should be exercised with restraint and caution, especially at the final stage of the trial, and delay in filing the application may impact the court's decision.
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