IMPORTANT POINTS
Anybody not merely stranger to the case has locus standi and hence cannot be non-suited on the ground of his not having locus standi.
Article 136 does not confer a right to appeal but only to apply for special leave to appeal.
Belated application u/ 311without explaining the delay is not acceptable.

JUDGMENT

S. Abdul Nazeer, J.

This appeal is directed against the order dated 22.5.2012 in S.B. Criminal Miscellaneous Petition No.1679 of 2012, whereby the High Court of Rajasthan (Jaipur Bench) has allowed the criminal miscellaneous petition filed under Section 482 of Code of Criminal Procedure, 1908 and has set aside the order dated 24.04.2012 passed by Additional Sessions Judge (Fast – Track), Sikar.

2. A charge sheet No.22 of 2009 dated 20.3.2009 was presented under Sections 302, 201, 342, 120-B IPC against respondent Nos.1 and 2 and three others. Charges have been framed under the aforesaid Sections against the accused persons. Statements of 28 witnesses have been recorded in the trial. The statements of Sawarmal and Chandri have been recorded as PW4 and PW5 respectively. Thereafter, both moved applications before the Sessions Judge under Section 311 of Cr.P.C. for re-recording their statements on the ground that the previous statements were made under the influence of the police. In the applications, the witnesses have stated that respondent Nos.1 and 2 had no role in the incident.

3. The Sessions Judge by the order dated 24.4.2012, dismissed the applications observing that the 28 witnesses had already been examined in the case so far. The witnesses were also cross-examined at length and it cannot be said that they were in any kind of pressure and that the applications were filed with a view to favour the accused persons. Prahlad Jat and Mahavir, the two accused persons, moved the petition before the High Court for quashing the said order and the High Court has allowed the applications of PW4 and PW5.

4. Learned counsel for the appellant, urged that PW4 and PW5 were examined in the Court on different dates in the months of November and December 2010 and in March 2011. Out of total 35 witnesses, 28 witnesses have already been examined and they were cross-examined at length. PWs 4 and 5 filed applications before the trial court for further examination on 27.2.2012 and 26.3.2012 respectively. During police investigation and examination conducted by the prosecution, they had supported the prosecution story. The applications have been filed with an intention to provide assistance to the accused persons which cannot be permitted in law. The applications are highly belated and no reason, whatsoever, has been assigned for the delay. Therefore, the High Court was not justified in setting aside the well-reasoned order of the Sessions Judge.

5. On the other hand, learned counsel appearing for respondent No.4 submits that the appellant has no locus standi to file this appeal. It is contended that the Sessions Judge has ample power to examine or re-examine any witness under Section 311 of the Cr.P.C. to bring on record the best possible evidence to meet the ends of justice. Keeping this principle in mind the High Court has allowed the petition. Learned counsel appearing for the third respondent has supported the case of the appellant. We have carefully considered the arguments of the learned counsel made at the Bar.

6. The appellant is the paternal brother of the deceased and is one of the prosecution witnesses. The evidence of PW4 and PW5 was recorded on different dates in the months of November and December 2010 and in March 2011. Both of them had supported the case of the prosecution. After passage of about 14 months, PW4 and PW5 filed applications under Section 311 of the Cr.P.C., inter alia, praying for their re-examination as witnesses for the reason that the statements recorded earlier were made on the instructions of the police. The Sessions Judge dismissed the application by holding as under:

“The charges have already been framed under sections 302, 201, 342, 120 B IPC against the accused persons. Statements of 28 witnesses have already been recorded in the trial. The statements of applicant namely Sawarmal has already been recorded as witness PW4 and the statements of applicant namely Chandri have also already been recorded as witn