Law: Penal Code (XLV of 1860)

Section: 302(b),324

Penal Code (XLV of 1860)---.--- ---.---Ss.302(b) & 324---.---Qatl-e-amd and attempt to commit qatl-e-amd---.---Propositions of law disregarded by Trial Court in conducting trial in challan case and private complaint---.---Simple cases of cross-version had been made complicated and intermingled with each other by Trial Court ignoring the basic scheme of law as enshrined in Chapter XXII of Criminal Procedure Code, 1898, and it had become very difficult to segregate both cases in ordinary circumstances---.---Trial Court was bound to record the statements of prosecution witnesses duly mentioned in the list of the report prepared under S. 173, Cr. P. C. in the challan case sent by Investigating Officer---.---Widow of the deceased who was accused in challan case being dissatisfied with the findings of the' Investigating Officer qua her counter version of the occurrence, had filed a complaint about the murder of her husband---.---Trial Court had recorded the statements of four prosecution witnesses in the complaint case besides recording the statements of three police officials as court witnesses---.---Statements of the said three court witnesses had been placed on the file of the challan case as well without having seen the original record---.---Mode of summoning the court witnesses during the course of trial in both the matters was questionable---.---Record did not reveal if the complainant had moved any application to summon the aforesaid three police officials as court witnesses---.---Trial Court without recording the statements of the accused persons nominated in the complaint had concluded the trial and disposed of the matter through a consolidated ---.---Case was consequently remanded by High Court to Trial Court with the direction to record the statements of remaining prosecution witnesses of the challan case and conclude the trial afresh strictly in accordance with law---.---Trial Court was further directed to record the statements of remaining witnesses in the complaint case and the Investigating Officers if opted by the complainant or on her moving an application for summoning them as court witnesses---.---Both the matters were directed to be decided…

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