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SANJIV BERRY
Asha Ram – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petition details and procedural context. (Para 1) |
| 2. arguments presented by both sides regarding witness examination. (Para 2 , 3 , 4) |
| 3. court's observations on procedural applications and witness relevance. (Para 5 , 6 , 7 , 8 , 9) |
| 4. assessment of trial stage and witness necessity for justice. (Para 10 , 11) |
| 5. judicial principles from precedent regarding section 311 cr.p.c. (Para 12 , 14) |
| 6. conclusion and directive for allowing witness examination. (Para 13 , 15 , 16) |
JUDGMENT
Mr. Sanjiv Berry, J.
The instant petition under Section 482 Cr.P.C. has been preferred by the petitioner for setting aside of the impugned order dated 09.01.2018 (Annexure P-7) passed by learned Additional Sessions Judge, Jhajjar in case FIR No. 292 dated 13.12.2014 (Annexure P-1) registered under Section 148 , 149, 447, 307, 323 IPC and 27/30 of the ARMS ACT , Police Station Beri District, Jhajjar whereby applications of the petitioner under Section 311 Cr.P.C to produce additional prosecution witnesses has been dismissed.
2. It is, inter alia, contended by learned counsel for the petitioner that the petitioner has lodged FIR against respondent No.2 to 12, who had thrashed the whole family of
The court ruled that prior exclusion of witnesses does not preclude their summoning later when necessary for a just trial, emphasizing the importance of witness testimony under Section 311 Cr.P.C.
The wide power conferred under Section 311 Cr.P.C. allows the court to recall witnesses or lead additional evidence for a fair trial and just decision.
The discretionary power under Section 311 CrPC should be exercised judiciously and only if the evidence is essential to the just decision of the case.
The main legal point established in the judgment is the discretionary authority of Section 311 Cr.P.C. and the need for strong and valid reasons to summon witnesses for just decision of the case.
The court affirmed that under Section 311 Cr.P.C., witnesses can be summoned at any stage if their testimony is essential for justice, prioritizing truth and fairness in trials.
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