IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH JAIPUR

S.B. Criminal Revision Petition No. 859/2015

S.B. Criminal Revision Petition No. 855/2015

Sanjay @ Sanjeev Kumar Vs. State of Rajasthan

Date of Order

:::

21.07.2015

HON'BLE MR. JUSTICE ATUL KUMAR JAIN

Mr. D.N. Sharma, for the petitioner.

Mr. R.R. Gurjar, PP, for the state.

In this revision petition final arguments on merit had been

heard by this court on 14.7.2015. Proceedings of the court below

were also stayed till judgment in these criminal revision petitions by

the order dated 23.6.2015 in Sessions Case No. 80/2013. Order

dated 23.6.2015 has been challenged in criminal revision petition

No.859/2015 by accused-petitioner Sanjay @ Sanjeev Kumar. In

criminal revision petition No.855/2015 also he has challenged the

order dated 26.6.2015.

I have perused both the orders. By a common order, both the

revisions will be decided here in the interest of justice. Sessions

Case No.80/2013 relates to offences under Section 498A and 304 B

IPC. By order dated 23.6.2015 the court below ASJ No.2,

Jhunjhunu had dismissed the application of accused-applicant by

which he wanted to call the Manager of SBBJ, Jhunjhunu and SBBJ

Nohar and Head Master of Govt. Sr. Sec. School, Fefana in the

witness box to prove the record.

It has been argued on behalf of the accused-petitioner that on

18.8.2009 and on 5.8.2010 the account No.61009446021 was not in

existence in the name of deceased Laxmi so the Bank statements

referred above were false and so he wants to call the Bank

Manager in his defence. Similarly he wants head master of Sr. Sec.

School, Fefana along with the attendance register dated 18.8.2009

and 5.8.2010 of deceased Smt. Laxmi and he also wants that

transfer order of deceased Laxmi should also be called. The trial

court has observed in its order that these Bank Managers and the

Govt. Officers are not going to say anything against the record so in

rebuttal of the record produced by the prosecution accused also

may submit copies of the necessary record to substantiate his

arguments. Accused-petitioner has relied in this court that Kalyani

Baskar Vs. M.S. Sampoornam (2007) 2SCC 258 but that ruling

does not help the arguments of the accused-petitioner at this stage.

This court is also of the view that accused-petitioner should not be

allowed to delay the trial in the garb of calling Govt. witnesses and

Bank Managers under the Provisions of 311 Cr.P.C. His application

filed under 311 Cr.P.C. has rightly been dismissed by the court

below and this court has also of the firm view that powers under

Section 311 Cr.P.C. should be exercised only when the evidence of

a witness not produced by the prosecution appears to the court to

be essential for the just decision of the case. Hence, the order

dated 23.6.2015 of the trial court does not deserve any interference

by this court in this revision.

Hence, the revision petition deserves dismissal which is

hereby dismissed. Certified copies of public documens will be

allowed to be exhibited by the trial court as such.

By order dated 26.6.2015 the trial court has dismissed the

application of accused-petitioner for sending the documentary

evidence. Exhibit P8 (diary) and Exhibit P9 (alleged suicide notes of

deceased Laxmi) for examination by FSL.

After hearing both the parties trial court was of the view that all

the witnesses regarding these two documents in question had

already been examined by the trial court and accused-petitioner had

filed the application for examination of documents by FSL at a very

late stage.

In the circumstances of the case this court is also not

convinced with the arguments of accused-petitioner for ordering to

accept his application for examination of the documents of FSL at

this late stage.

In the circumstances this court is not inclined to disturb the

findings of the court below in the impugned order dated 26.6.2015