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R. THARANI
M. Palani – Appellant
Versus
Sub Inspector of Police, Tirunelveli – Respondent
JUDGMENT
(Prayer: This Revision is filed under Section 397 r/w Section 401 Cr.P.C., to call for the entire records pertaining to the order passed by the III Additional District and Sessions Judge, Tirunelveli in Cr.M.P No. 7324 of 2022 in S.C No. 528 of 2021 vide order dated 24.08.2022 and set aside the same.)
1. This Revision is filed against the order passed by the learned III Additional District and Sessions Judge, Tirunelveli in Cr.M.P.No.7324 of 2022 in S.C No. 528 of 2021 vide order dated 24.08.2022. The prosecution filed a petition under Section 231(1) Cr.P.C., seeking permission to mark 9 documents and to examine 4 witnesses on the side of the prosecution. That petition was allowed by the trial Court. Against the same, the petitioner has filed this revision petition.
2. Brief substance of the petition is as follows:
Copy of the FIR was sent to the Judicial Magistrate No.III through Women Police Constable, by name, Eswari and another Police Constable by name, Rajeswari who was given the duty to attend the post mortem of the deceased and the passport issued to both Women Police Constables are to be marked. The erstwhile Investigation Officer examined a police constable by nam
The main legal point established in the judgment is that the prosecution has the right to file additional documents and examine additional witnesses under Section 231 Cr.P.C, but the court has the di....
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.
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
Re-examination of a witness is permissible to clarify ambiguities or introduce necessary documents, not merely to fill gaps in evidence, ensuring a just decision.
The revisional court cannot introduce additional documents not considered by the Magistrate, emphasizing the significance of judicial discretion and maintaining the integrity of original findings.
The court confirmed that Section 311 Cr.P.C. allows for recalling witnesses and summoning evidence when essential for a just decision, emphasizing the necessity for careful exercise of this power to ....
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