The inherent power under Section 311 CrPC to recall witnesses must be exercised judicially and with magnanimity to ensure the 'just decision' of a case, particularly when essential medical evidence or opinion on weapons was omitted due to oversight or investigative lapses, provided it does not unfairly prejudice the accused.

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AARADHNA SAWHNEY, J.

In the above mentioned petitions common question of law and facts are involved, so both the petitions are being disposed of by a common judgment. For brevity, facts are being taken from CRM-M-49443-2021 titled as “State of Haryana Vs. Muni Ram and others.”

1. Challenge in the present petition is to order dated 02.07.2019 (Annexure P-1) passed by the then Ld. Additional Sessions Judge, Kaithal vide which an application u/s 311 Cr.PC moved by the prosecution, for recalling two prosecution witnesses namely Dr. Aman Sood and Dr. Aman Bansal, in case FIR No.25 dated 04.03.2017 u/s 148/149/302/323/342/356 IPC, PS Sadar Kaithal, Distt. Kaithal, was dismissed.

2. Relevant facts as emerging from documents on record be noticed hereinbelow:-

“On 04.03.2017 a telephonic message was received in police station vide which police authorities were intimated that a Brahman family of village Padla have murdered a young boy named Pardeep S/o Satbir Singh R/o Dillowali as also that another young boy namely Mohit S/o Randhir Singh R/o Malkheri, has been mercilessly thrashed by them. It also came to the notice of police authorities that dead body of Pardeep and injured Mohit have both been rushed to Govt. Hospital, Kaithal. Immediately thereafter, S.I. Subash along with other police officials reached hospital, collected ruqa and after seeking permission from the doctor on duty recorded the statement of Mohit, aged about 15-16 years, studying in class 9th and resident of village Malkheri. As per complainant on 03.03.2017, he along with his friend Pardeep (since deceased) S/o Satbir R/o village Dillowali were visiting village Sangan to attend wedding ceremony of elder brother of their friend Raju. He reached village Sangan at about 02:00 in the afternoon on the motorcycle bearing registration No.HR08W-8002 (make Splendor). One of friends of Pardeep, who was not known to him(c) was also attending the wedding. After attending the marriage ceremony in the late evening, on the asking of his friend Pardeep (since deceased), they headed for village Padla at about 11:000 p.m. as they had to leave Pardeep’s friend. The motorcycle was being driven by Pardeep, whose friend was dropped at his village at about 11:30 p.m. Thereafter, they halted in a street in front of the house of Neha, Pardeep who was on friendly terms called Neha, who came out of her house. While these two were exchanging notes with each other, suddenly Neha told Pardeep to leave quickly as she had noticed her paternal uncle Muni Ram coming towards them. Before they could react, Muni Ram ran up to them and also called other members of his family namely Binder, Shri Bhagwan, Teeni, Sanjiv and Roshan etc. Immediately all the persons armed with dandas, lathis, etc. arrived at the spot and questioned them as to why they were talking with their daughter Neha. Before they could answer and explain themselves, the motorcycle was thrown down. He and Pardeep were dragged inside the house, where they were tied with ropes and later dragged to cattle shed opposite the house. They were mercilessly thrashed. Both, he and Pardeep begged for mercy and requested to pardon them, but no heed was paid. As a result of the onslaught unleashed by the above named persons, Pardeep breathed his last at the site. His body was picked up and kept on a cart in the courtyard. At about 6-7 in the morning his and family members of Pardeep namely Sh. Satbir Singh (father of Pardeep), his father Sh. Randhir Singh and others arrived. They untied him and Pardeep. He was rushed to Govt. Hospital, Kaithal. Dead body of Pardeep was also taken to Govt. Hospital, Kaithal. He was examined by doctor on duty. Medical treatment wa