Case Note & Summary
The applicant, Chandrashekhar Vinayak Wargane, was the sole accused in Sessions Trial No. 32 of 2012 before the Sessions Court at Amravati for the murder of his wife. The charge was framed on 04.04.2012. During the trial, the prosecution examined 10 witnesses and closed its oral evidence on 22.03.2013 by filing a pursis (Exh.75). The witness Mohd. Mustafa, ASI from Sewagram Police Station, Wardha, had been earlier summoned but was not examined by the prosecution. The accused was examined under Section 313 of the Code of Criminal Procedure, 1973 (CrPC) and thereafter examined defence witnesses. The matter was posted for arguments on 01.08.2013. On that date, the prosecution filed an application to summon Mohd. Mustafa, which the trial court allowed on 06.08.2013. The accused challenged this order by way of criminal revision before the Bombay High Court. The High Court held that the prosecution having closed its evidence and the accused having been examined under Section 313 CrPC, the summoning of the witness at that stage would cause prejudice to the accused. The court noted that the accused had a legitimate indication that the witness was given up. The revision was allowed, and the impugned order was set aside.
Headnote
A) Criminal Procedure Code - Summoning of Witness - Section 311 CrPC - Prejudice to Accused - The prosecution closed its evidence after examining 10 witnesses and filing a pursis. The accused was examined under Section 313 CrPC and examined defence witnesses. Thereafter, the prosecution sought to summon a witness who was earlier summoned but not examined. The trial court allowed the application. The High Court held that allowing such application after closure of evidence and examination of accused causes prejudice to the accused, as the accused had a legitimate indication that the witness was given up. The order was set aside. (Paras 1-10)
B) Criminal Procedure Code - Revision - Interlocutory Order - Maintainability - The revision against the order allowing summoning of witness was held maintainable as the order caused prejudice to the accused and was not purely interlocutory. (Para 1)
Issue of Consideration
Whether the trial court was justified in allowing the prosecution's application to summon a witness after the prosecution had closed its evidence and the accused had been examined under Section 313 CrPC.
Final Decision
The High Court allowed the criminal revision and set aside the order dated 06.08.2013 passed by the Sessions Court at Amravati in Sessions Trial No. 32 of 2012, thereby disallowing the prosecution's application to summon the witness.
Law Points
- Summoning of witness after closure of prosecution evidence
- Prejudice to accused
- Section 311 CrPC
- Section 313 CrPC
- Revision against interlocutory order
Case Details
2013 LawText (BOM) (10) 177
Criminal Revision No.198/2013
Mr. A.B. Mirza for Applicant, Mr. S.B. Ahirkar, APP for Respondent
Chandrashekhar Vinayak Wargane
The State of Maharashtra through its PSO P.S. MangrulDastagir, Dist. Amravati
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Nature of Litigation
Criminal revision against order allowing prosecution to summon a witness after closure of evidence.
Remedy Sought
The applicant (accused) sought setting aside of the order dated 06.08.2013 allowing the prosecution's application to summon ASI Mohd. Mustafa.
Filing Reason
The applicant contended that the prosecution having closed its evidence and the accused having been examined under Section 313 CrPC, summoning the witness at that stage would cause prejudice.
Previous Decisions
The trial court allowed the prosecution's application to summon the witness on 06.08.2013.
Issues
Whether the trial court was justified in allowing the prosecution's application to summon a witness after the prosecution had closed its evidence and the accused had been examined under Section 313 CrPC.
Submissions/Arguments
The applicant argued that the prosecution had closed its evidence on 22.03.2013 after examining 10 witnesses, and the witness Mohd. Mustafa was earlier summoned but not examined, giving a definite indication that the witness was given up.
The applicant argued that after closure of evidence, the accused was examined under Section 313 CrPC and examined defence witnesses, and the matter was posted for arguments. Allowing the application at that stage would cause prejudice.
Ratio Decidendi
Once the prosecution closes its evidence and the accused is examined under Section 313 CrPC, allowing the prosecution to summon a witness who was earlier given up causes prejudice to the accused, as the accused had a legitimate indication that the witness would not be examined.
Judgment Excerpts
By this application in revision, the sole accused facing the trial for offence of murder of his wife in the Sessions Court at Amravati in Sessions Trial No. 32 of 2012, questions the correctness, legality and propriety of order dated 6.8.2013 allowing the prosecution application to summon the Police Witness ASI Mohd. Mustafa of Sewagram Police Station, Wardha.
It is submitted that during the course of the trial, the witness Mohd. Mustafa was earlier summoned but for the reasons known to the prosecution, he was not examined. It is urged that the same gave definite indication to the accused/applicant that prosecution had given up the said witness and would not be examining him at the trial.
Procedural History
The applicant is the sole accused in Sessions Trial No. 32 of 2012 before the Sessions Court at Amravati for murder of his wife. Charge was framed on 04.04.2012. Prosecution examined 10 witnesses and closed evidence on 22.03.2013 by filing pursis Exh.75. The accused was examined under Section 313 CrPC and examined defence witnesses. The matter was posted for arguments on 01.08.2013. On that date, prosecution filed application to summon ASI Mohd. Mustafa, which was allowed on 06.08.2013. The accused filed Criminal Revision No.198/2013 before the Bombay High Court, which was allowed on 19.10.2013.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 311, Section 313
