Imamuddin and Others vs State of U.P.

V.K. Chaturvedi, J.—Heard Shri Sushil Shukla learned Counsel for the applicants and the learned A.G.A.

This application u/s 482, Cr. P.C. has been filed by the applicants with a prayer that the order passed by VII Ith Additional Sessions Judge, Kanpur Dehat in State v. Ayshan and Ors., S.T. No. 375 of 1998,under Sections 498A and 304B, I.P.C. P.S. Bilhaur dated 23.5.2000, be quashed and the trial court be directed to examine the witness Gaya Prasad u/s 311, Cr. P.C.

Applicants are facing the trial in S.T. No. 375 of 1998 under Sections 304B and 498A, I.P.C. before the VII Ith Additional Sessions Judge, Kanpur Dehat in respect of an incident dated 12.6.1998, regarding which first information report was lodged by one Ishtiyaq, uncle of the deceased. In the charge-sheet Gaya Prasad has been shown as a witness at serial No. 4. He has categorically stated in his statement u/s 161, Cr. P.C. that he reached the place where the deceased was lying soon after catching fire. This witness has also informed the parents of the deceased and with his help the Investigating Officer is said to have prepared the site plan. He has also stated that alleged dying declaration was in fact tutored by the mother of the deceased at the hospital and as such he is a most material witness and even then the trial court has rejected the application to summon him as a Court witness, and if he is not summoned, then a great injustice will be caused to the applicants.

After hearing the learned Counsel for the parties and perusing the record, this petition is finally disposed of with the direction that VII Ith Additional Sessions Judge, Kanpur Dehat is directed to summon Gaya Prasad S/o Chhotey Lal as Court witness and shall record his statement.

With the aforesaid direction the petition is finally disposed of.