Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Sushma Devi – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Deepak Gupta, J.
By way of this petition filed under Section 482 Cr.P.C., petitioner, who is the complainant in case FIR No.66 dated 02.03.2020 under Sections 302/ 34, 120-B of the IPC and Section 25 of Arms Act registered at Police Station Civil Lines, District Hisar, Haryana, has prayed for quashing of order dated 06.02.2023 (Annexure P-6) passed by learned Additional Sessions Judge, Hisar, whereby application under Section 311 Cr.P.C. for re-examination of the petitioner as prosecution witness, was declined.2. Perusal of the paper-book would reveal that FIR was lodged on the statement of Sushma Devi (petitioner) wife of Dharampal (deceased). She is the current Sarpanch of Village Sulkhani. As per her statement, on 02.03.2020 at about 08:30 a.m., she had gone to take bath in the bathroom, whereas her husband Dharampal had gone out of house in the street to throw the garbage, when she heard sound of crackers in the street. She came out of the bathroom and saw that her husband was lying on the ground. She further saw that a boy wearing a helmet was firing shots at her husband with a pistol, whereas another boy was standing beside him, whose face was also covered with a clo
The power to recall witnesses is a discretionary power to be exercised sparingly for the ends of justice. It cannot be invoked to fill lacunae in the prosecution or defense case or to provide an unfa....
The defense counsel cannot undo earlier omissions through subsequent applications under Section 311 of Cr.P.C. and must be completely aware of the necessity of putting exculpatory defenses to the wit....
The court reaffirmed that recall and re-examination of witnesses under Section 311 CrPC should only occur when essential for justice, particularly rejecting unnecessary processes that may lead to an ....
The court determines that the discretionary power under Section 311 CrPC for summoning witnesses must be exercised judiciously; prior inconsistent evidence negates the necessity for re-examination.
Rape - Power to summon material witness, or examine person present - It is clear that the application under section 311 Cr.P.C. has not been moved in a bona fide manner by revisionist to secure ends ....
The court reiterated the discretionary power under Section 311 CrPC to recall witnesses for justice, emphasizing that electronic evidence requires certification under Section 65-B of the Evidence Act....
The trial court must ensure all relevant witnesses are examined to prevent miscarriage of justice in dowry-related homicide cases.
Point of Law : Discretion given by the first part is very wide and its very width requires a corresponding caution on the part of the court. But the second part does not allow any discretion; it bind....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
