RATANLAL vs PRAHLAD JAT. Supreme Court, 15-09-2017
| Court | Supreme Court (India) |
| Judge | HON'BLE MR. JUSTICE J. CHELAMESWAR, HON'BLE MR. JUSTICE S. ABDUL NAZEER |
| Writing for the Court | HON'BLE MR. JUSTICE J. CHELAMESWAR |
| Date | 15 September 2017 |
| Docket Number | Crl.A. No.-000499-000499 / 2014 |
| Parties | RATANLALPRAHLAD JAT |
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.
1 This appeal is directed against the order dated 22.5.2012 in
S.B. Criminal Miscellaneous Petition No.1679 of 2012, whereby
the High Court of Rajasthan (Jaipur Bench) has allowed the
criminal miscellaneous petition filed under Section 482 of Code of
Criminal Procedure, 1908 and has set aside the order dated
Digitally signed by
DEEPAK MANSUKHANI
Date: 2017.09.18
14:55:26 IST
Reason:
Signature Not Verified
2
24.04.2012 passed by Additional Sessions Judge (Fast – Track),
Sikar.
2. A charge sheet No.22 of 2009 dated 20.3.2009 was
presented under Sections 302, 201, 342, 120-B IPC against
respondent Nos.1 and 2 and three others. 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 of Cr.P.C. for re-recording
their statements on the ground that the previous statements
were made under the influence of the police. In the applications,
the witnesses have stated that respondent Nos.1 and 2 had no
role in the incident.
3. The Sessions Judge by the order dated 24.4.2012, dismissed
the applications observing that the 28 witnesses had already
been examined in the case so far. The witnesses were also
cross-examined at length and it cannot be said that they were in
any kind of pressure and that the applications were filed with a
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