FAROOQ AHMAD BAJAD Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Farooq Ahmad Bajad
STATE OF JANDK
Click here to view full judgement.
(1.) THIS revision petition impugns the order dated 11.11.98 passed by Additional Sessions Judge Srinagar, in Session Trial No. 23 of 1996
titled State Vs. Farooq Ahmad Bajad and others for the offences
punishable under sections 302,324 read with Section 34 R.P.C. on the
allegations that on 26th of April 1996, the accused in the case having
the common intention to cause murder of one Zubair Pakthoon cought hold
of him at Pushkar Kanqan and subjected him to such a physical assault
that led to causation of a fatal injury on his head as the result of the
blow of lathi by accused Farooq Ahmad.
(2.) ON the accuseds pleading not guilty to the charges, the prosecution examined its listed witnesses, which included the medical
expert namely Dr. Qazi Javid Ahmad who had conducted autopsy on the dead
body of the victim of the alleged murderous assault. After examination of
the accused under section 342 Cr. P.C, they opted not to adduce any
evidence in defence. Case was argued and the judgment reserved.
(3.) WHILE preparing the judgment the learned trial judge felt that the medical expert, Dr. Qazi Javid Ahmad had not been examined with
respect to those aspects of his opinion which were very relevant for the
just decision of the case and consequently the learned Judge in exercise
of his powers under section 540 Cr P.C. directed through the impugned
order the recalling of the said witness so as to elicit his opinion on
two pertinent points; namely, whether the lathi seized by the police as
the alleged weapon of crime was a sharp -edged weapon, and secondly
whether the fatal injury could be inflicted by a sharp or by a blunt
The accused are aggrieved of the impugned order as they feel that the recalling of the medical witness tantamounts to the filling up
of the lacuna to their prejudice. Reliance is sought to be placed in this
context on the decision in the case Younis Khan and others Vs. State
(SLJ1990 J&K 204) to convass that once the prosecution evidence gets
closed the witness(s) cannot be recalled to fill up the lacuna in the
Copyright © Regent Computronics Pvt.Ltd.