RATANLAL vs PRAHLAD JAT. Supreme Court, 15-09-2017
| Judge | HON'BLE MR. JUSTICE J. CHELAMESWAR, HON'BLE MR. JUSTICE S. ABDUL NAZEER |
| Court | Supreme Court (India) |
| Docket Number | Crl.A. No.-000499-000499 / 2014 |
| Parties | RATANLALPRAHLAD JAT |
| Date | 15 September 2017 |
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURSIDCITON
CRIMINAL APPEAL NO. 499 OF 2014
RATANLAL… APPELLANT
VERSUS
PRAHLAD JAT & ORS.…RESPONDENTS
J U D G M E N T
S.ABDUL NAZEER, J.
1This appeal is directed against the order dated 22.5.2012 in
S.B.CriminalMiscellaneousPetitionNo.1679of2012,whereby
theHigh Courtof Rajasthan(Jaipur Bench)hasallowed the
criminal miscellaneous petition filed under Section 482 of Code of
Criminal Procedure,1908andhas set asidetheorderdated
Digitally signed by
DEEPAK MANSUKHANI
Date: 2017.09.18
14:55:26 IST
Reason:
Signature Not Verified
2
24.04.2012 passedby AdditionalSessions Judge(Fast – Track),
Sikar.
2.A charge sheet No.22 of 2009 dated 20.3.2009 was
presentedunderSections302, 201,342,120-BIPCagainst
respondent Nos.1and2andthreeothers.Charges have been
framed under the aforesaid Sections against the accused persons.
Statements of 28 witnesses have been recorded in the trial. The
statements of Sawarmal and Chandri have been recorded as PW4
and PW5 respectively. Thereafter, both moved applications before
the Sessions Judge under Section 311 ofCr.P.C. for re-recording
theirstatementsonthegroundthatthepreviousstatements
were made under the influence of the police. In the applications,
the witnesseshavestated thatrespondentNos.1 and2had no
role in the incident.
3.The Sessions Judge by the order dated 24.4.2012, dismissed
theapplicationsobservingthat the 28 witnesseshadalready
beenexaminedinthecasesofar. Thewitnesseswerealso
cross-examined at length and it cannot be said that they were in
any kind ofpressure andthat the applicationswere filedwith a
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