RAMJILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE Petitioner, an accused facing a trial on charges under Section 302/34 and 201 T.P.C., has come up to this Court aggrieved by order of the trial Court permitting re -examination of witness Smt. Laxmi at her own instance.

(2.) SMT . Laxmi was an eye -witness. She was examined in the Court on 15 -2 -89. She turned hostile. She Was so declared and cross -examined by A.G.P. and discharged after completion of her examination. On 28 -2 -1989, when the case was fixed for examination of the accused person under Section 313 Cr. P.C., she appeared on her own and moved an application stating that on the date of her examination she was brought from her home by the accused persons at the point of a country pistol when her husband and father -in -law were not at the house. She further stated that she was threatened to depose without implicating the accused persons failing which she would be done away with. She stated that the statement given by her was under duress and on having regained confidence on meeting the male members of her family she was prepared to depose the truth.

(3.) THE trial Court by its impugned order, felt satisfied that for the ends of justice it appeared just to re -examine the witness though finding as to truthfulness or otherwise of the contents of the application moved by Smt. Laxmi could not be adjudged and recorded at that stage.