KALA ALIAS KARANAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in this petition under Section 482 of the Criminal Procedure Code, is for quashing the order dated 16-5-1996 (Annexure P-1), passed by Additional Sessions Judge, Faridabad, whereby Mahinder Singh, author of the First Information Report, was allowed to be examined as a witness on the application of the prosecution under Section 311, Cr.P.C.

(2.) Perusal of the record would show that the petitioner along with his co-accused is facing trial in a murder case in the Court of learned Additional Sessions Judge, Faridabad. Ram Singh as allegedly murdered and the First Information Report No. 124 of 23-6-1993 under Section 302/34, IPC, was lodged at Police Station Chhainsa, by Mahinder Singh, an injured eye witness of the occurrence. At the time of recording of prosecution evidence, Mahinder Singh author of the F.I.R. was given up by the prosecution under the impression that he was won over by the accused. Later on another eyewitness to the incident Jiwan Singh was examined. Thereafter the prosecution filed an application under Section 311, Cr.P.C. alleging therein that Mahinder Singh informant in this case was given up under bona fide impression as having been won over by the accused and that his evidence being essential for just decision of the case, be allowed to be examiend as he had alleged executed an affidavit to speak the truth. This application was opposed by the accused on the ground that the same was filed with mala fide to cause prejudice to the case of the accused persons. It was further pleaded that if Mahinder Singh was allowed to be examined it would lead to injustice to the accused.

(3.) After hearing the learned counsel for the parties, the learned trial Court while allowing the application of the prosecution, in para 6 of the impugned order obsevered as under :- "It is apparent on the record that Mahinder Singh is the complainant in this case and his examination is essential for just decision of the case. His examination cannot be disallowed merely because he was given up by learned Public Prosecutor on the ground that he was won over by the accused. If he wants to reveal true facts being complainant in this case, his examination cannot be disallowed.