Noorjahan vs The State of Madhya Pradesh

M.K. Mudgal, J.—With the consent of both the parties, matter is heard finally at motion stage.

Applicants have filed this petition u/s 482 of Cr.P.C. for quashing the order dated 17/04/2014 (Annexure A/7) passed by the Court of 7th Additional Session Judge, Rewa in Sessions Trial No. 351/2011 whereby an application (Annexure A/6) filed by applicant nos. 1 and 2 u/s 311 of Cr.P.C., for summoning the witnesses Noor Jahan and Mahar Apsa was dismissed stating that the evidence of Noorjahan W/o Mujeed Khan and Mahar Apsa W/o Mohd. Khaliq is not essential for a just decision of this case.

Learned counsel for applicants submits that the deceased had made statement before Noorjahan and Mahar Apsa to this effect that she was set on fire by the accused persons after pouring kerosene oil. Learned counsel for applicants further pleads that both the witnesses submitted their affidavit to I.G. Police Rewa, however their statements were not recorded during investigation, yet their evidence is essential for just and proper decision of the case. Learned counsel for applicants further contends that learned trial court has committed an error in dismissing the application.

Learned counsel for the respondents No. 2 to 8 submits that the dying declaration of the deceased was recorded by a doctor on 25/04/2011 wherein she has not deposed that she had given any information to Noorjahan and Mahar Apsa regarding her burn injuries. Learned counsel further argues that both the witnesses never gave any statement to the police during investigation. At present the case is fixed for judgment and so learned trial court after considering the entire facts and circumstances of the case has dismissed the application vide impugned order, which is just and proper.

Heard the arguments of both the parties.

On perusal of the record, it is evident that the dying declaration of deceased was recorded on 25/04/2011 by a doctor wherein she has not deposed anything as being suggested by the complainant in the application (Annexure A/6) filed by them u/s 311 of Cr.P.C. Both the said witnesses never informed the Police during investigation that the deceased had stated before them that she was set on fire by the accused persons. The alleged oral dying declaration suggested by the applicants at the stage of fag end of the trial is after thought, hence learned trial court has not committed any error in dismissing the application vide impugned order dated 17/04/2014, therefore, the petition being devoid of merit is hereby dismissed.