JUDGEMENT
-
(1.)BY this criminal revision the applicant has challenged the order dated 18.7.2012 passed by the
Additional Sessions Judge, Umariya in ST No.175/2009
whereby an application filed by the prosecution was
accepted that merg enquiry statements of various
witnesses viz. Babulal Jaiswal, Ashok Kumar Jaiswal,
Smt. Gudiya Bai, Santan Bai and Shukla Jaiswal may be
taken on record.
(2.)THE prosecution case, in short, is that a trial is going on against the applicant for the offence
punishable under Sections 348, 330, 331, 304 read
with Section 34 of IPC. After examination of some
witnesses, the learned Public Prosecutor moved an
application to file merg enquiry statements of the
various witnesses and prayed that if the accused
persons so desire the witnesses may be called again
for their cross examination. After considering the
submissions made by the learned counsel for the
parties, the learned Additional Sessions Judge
accepted the said application and permitted the
prosecution to submit the merg enquiry statements of
the aforesaid witnesses.
I have heard the learned counsel for the parties.
(3.)THE learned counsel for the applicant has submitted that such type of documents cannot be filed
at a belated stage. The case was initiated in the year
2005. Some of the witnesses are examined in the year 2008 and now their merg enquiry statements are submitted after seven years of the registration of the
case, and therefore it would cause prejudice to the
applicant, and therefore the impugned order may not
be maintained. The learned counsel for the applicant
has placed his reliance upon the judgment of Hon'ble
the Apex Court in the Court of "Somnath Berman Vs.
Dr. S.P.Raju" (AIR 1970 SC 846).
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.