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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Bheemsen @ Bheema S/o Badri Prasad – Appellant
Versus
State of Rajasthan through P.P. – Respondent
Judgment :
ANAND SHARMA, J.
1. By way of filing this criminal misc. petition, the petitioner has challenged order dated 10.01.2019 passed by the Court of Special Judge, Dacoity Affected Area, Dholpur (hereinafter to be referred as 'the trial court') in Sessions Case No. 57/2018 (CIS No. 48/2017) titled as State Vs. Bheemsen & Others, whereby, application under Section 311 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.') filed by the prosecution has been allowed and direction was issued by the trial court to summon witness, namely, Dr. Brajmohan Mangal for examination.
2. It is stated that pursuant to F.I.R. No. 96/2015 lodged on 28.04.2005 against the petitioners for alleged offences punishable under Sections 143 , 323, 341 and 452 of the Indian Penal Code (hereinafter to be referred as ' IPC '), after investigation, charge sheet was filed against them for offences punishable under Sections 323 , 341, 325, 452, 307 and 34 . Charges were framed by the trial court against against the petitioners and thereafter, statements of prosecution witnesses were recorded. After completion of evidence of prosecution witnesses, statements of the petitioners under S
The court emphasized that Section 311 Cr.P.C. must be applied judiciously and not to fill gaps in evidence at the conclusion of trial.
Power to summon material witnesses under Section 311 Cr.P.C. which falls under Chapter XXIV containing general provisions as to inquiries and trials has been held to confer a very wide power on court....
The court emphasized that the power under Section 311 Cr.P.C. must be exercised judiciously to ensure a fair trial and should not be used merely to fill gaps in evidence.
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