S. 311 CrPC Includes Power For Examining Witnesses And Admitting Relevant Materials Which Are Not Brought On Record: Jharkhand HC
The Jharkhand High Court observed that Section 311 of the Criminal Procedure Code (CrPC) includes power for examining the witnesses as well as admitting the relevant materials that are not brought on record.
The Court observed thus in a petition challenging the order of the Additional Sessions Judge in a case under Sections 302 and 34 of the Indian Penal Code (IPC) read with Sections 120B and 34 of IPC.
A Single Bench of Justice Sanjay Kumar Dwivedi held, “… section 311 Cr.P.C includes power for examining the witnesses as well as admitting the relevant materials which are not brought on record. This view is also supported by section 91 of Cr.P.C which empowers the court to give direction for production of any document or other thing which is necessary or desirable for the purpose of investigation, enquiry or other proceeding under the Cr.P.C. It is the duty of the criminal courts to find out the truth in the interest of justice. Thus, the Court finds that learned court has taken every care in passing such order.”
The Bench said that Section 311 Cr.P.C is one of many such provisions which strengthens the arms of the court in its efforts to unearth the truth by procedural sanction by law.
Senior Advocate A.K. Kashyap represented the petitioner while Advocate V.S. Sahay represented the State.
Factual Background -
An FIR was registered alleging that the informant’s husband who went to Ranka on a Motorcycle did not return in the evening. The informant tried to contact him on his mobile numbers but both were switched off. She suspected some mishappening and started searching her husband with the help of neighbours but did not find any clue. Thereafter, she filed written information at the police station and then she came to learn that dead body of her husband kept in gunny bag was dropped in the well in a lonely place situated in a village.
The dead body was identified by the informant and she suspected that an unknown person has committed murder of her husband. The senior counsel for the petitioner submitted that charge sheet was submitted against the informant herself and the investigation against the petitioner was kept pending and against three other accused persons. He submitted that the petitioner was falsely implicated in the case and that there was no whisper against the petitioner.
The High Court in view of the facts and circumstances of the case noted, “The object underlying section 311 Cr.P.C is that there may not be failure of justice on account of mistakes of either party in bringing the valuable evidence on record or living ambiguity in the statements of witnesses examined from either side. The determinative factor is whether it is essential for just decision of the case signigate expression that occurs at any stage for enquiry or trial or other proceeding under this Code. However, the discretionary power conferred under section 311 Cr.P.C has to be exercised judiciously as it is always said wider the power greater is the necessity of caution while exercising judicious discretion.”
The Court further said that the discretionary power vested under Section 311 CrPC has to be exercised judiciously for strong and valid reason and with caution and circumspection to meet the ends of justice and that the facts of the present case is that wife is facing trial for murder of husband and evidence under Section 164 CrPC was not exhibited on the record and the call details were also required to be considered and the petitioner is facing the trial under Section 302 of the IPC.
Accordingly, the High Court dismissed the petition.
Cause Title- Shamsher Alam @ Raja Babu v. The State of Jharkhand
Appearance:
Petitioner: Senior Advocate A.K. Kashyap and Advocate Lina Shakti.
Opposite Party: Advocate V.S. Sahay
