State vs Murad

A.M. Kapadia, J.—Heard learned Public Prosecutor.

We have perused the communication of the learned Addl. Sessions Judge, Sojat, Distt. Pali dt. 27.06.2009, whereby, the learned trial Judge has sought directions from this Court as to what further proceedings are to be done on account of the death of prosecution witness No. 3 namely Mohal Lal.

We are surprised to read this communication as it appears that the learned trial Judge has not gone through the order of this Court passed in D.B. Criminal Appeal No. 471/2002, whereby, while allowing the appeal, the case was remanded to the learned trial Judge for recording the statement of PW 3 Mohan Lal first as it was not completed during the earlier trial and thereafter to record the statement of the accused u/s 313 Code of Criminal Procedure and to decide the matter aftesh in accordance with law. If a witness is expired, then, what will be its legal consequences, it is for the learned trial Court to consider and dispose of the case in accordance with law. This Court on the communication can not give any direction as it will prejudice the trial.

Accordingly, we direct the learned trial Court to dispose of the case on the basis of the evidence available on record, in accordance with law.

With the above observations, this Criminal Misc. Petition is disposed of.