H.S.MADAAN,J. - (1.) This revision petition is directed against order dated 23.12.2020, passed by Addl. Sessions Judge, Narnaul whereby an application U/s 311 Cr.P.C., for additional evidence filed by complainant was dismissed, during the trial in FIR No.320 dated 27.08.2018, for offences under Sections 148, 149, 323, 325, 302, 307, 452 and 506 IPC, registered with Police Station Kanina, District Mahendergarh. After framing of charge, the case was fixed for evidence of prosecution, during the course of which, the prosecution examined several witnessed including the complainant; thereafter, statements of the accused were recorded and the case was fixed for defence evidence, during that the accused led evidence to show that the complainant was on duty on 26/27.08.2018, as such, he could not possibly be there at the spot; to rebut the evidence, the complainant Ashwani wanted to examine the official from Joginder Memorial Charitable Blood Bank, Rewari to show that he remained in the hospital on 27.08.2018, which fact is fortified by receipt No.1012/18/ under donor ID No.1519 and 1520 and from CCTV footage.
(2.) This application for additional evidence was opposed by the accused. The trial Court dismissed the application, vide impugned order dated 23.12.2020. The operative part of the order reads as under:- '4. It is no more in dispute that when PW6 stepped into witness box he did not mention this important fact that he donated blood on 26/27.08.2018 to the deceased. During cross-examination as well he remained silent on this aspect. This application has been moved at the stage when case has been fixed for the defence evidence. When defence evidence was almost concluded this application has been moved. Like Civil matters a party cannot be allowed to take dual stand by blowing hot and cold at same time. During prosecution evidence complainant Ashwani remained in dole drum and did not disclose that he infact donated blood to any person at Rewari hospital. Video footage is not possible at this stage because video footage could have taken within one or two months of the incident. Incident pertains to 26/27.08.2018. Now, after more than 2 ½ years video footage is not possible to be produced or proved. So called blood donation evidence is not authentic being private record, it could be procured at back date and it bears no sanctity.
(3.) I also heard applicant in person, wherein he submitted that in fact he was present on the spot on 26/27.08.2018. He submitted that he moved application to his Superior Officer of the department. However, he could not produce any document in this regard.;