TaxTMI 
TaxTMI 
2021 (3) TMI 1367
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.... detailed discussion and taking note of the scope of Section 311 CrPC allowed the application by its order dated 3rd September, 2016, after assigning cogent reasons in support thereof. 4. This came to be challenged by respondent nos. 1 to 3 in a petition filed under Section 482 CrPC. The Ld. Judge of the High Court after recording submissions made by the learned counsel for the parties, without assigning any reasons, albeit brief, which may at least facilitate this Court to understand what weighed with the Judge in setting aside the finding recorded by the Ld. Trial Judge in its Order dated 3rd September 2016 by its impugned judgment dated 11th January, 2017. 5. Aggrieved by the order of the High Court impugned dated 11th January 2017, the appellant-complainant(father of the deceased) has approached this Court by way of special leave. 6. The background facts in brief which may be relevant for the purpose are that the marriage of Keerthi (deceased-daughter of the appellant) was solemnized with the 1st respondent on 17th February, 2002. On the intervening night of 2nd/3rd April, 2004, at about 3.30 am, the appellant received a call that her daughter had died. In connection w....
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....as declared hostile, application is said to have been filed to fill up the gap at the stage of investigation which is not permissible in law, and also raised objections on the merits of the matter as to what will be the effect of the second post mortem which had been conducted on the body of the deceased in J.J. Hospital, Mumbai. 9. The Ld. Trial Judge, after perusal of record and taking into consideration the rival contentions of the parties, observed that the case is registered initially at Sanjay Nagar Police Station, Bengaluru, under Crime No. 162/2004, which was later on investigated by the then Cord of Detectives(COD), Bengaluru, and thereafter the original charge-sheet and also additional charge- sheet was submitted, in which there is a clear reference on record documentarily as well as in the deposition of PW 44 who is stated to be the investigating officer. The record further reveals that the second post mortem which was got conducted at J.J. Hospital, Mumbai appears to have been made through the Worli Police, Mumbai by lodging the complaint there, by the members of the family of the deceased, wherefor, at the very outset, it is not the post mortem having made privately, ....
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.... a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case." 15. The object underlying Section 311 CrPC is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is whether it is essential to the just decision of the case. The significant expression that occurs is "at any stage of any inquiry or trial or other proceeding under this Code". It is, however, to be borne in mind that the discretionary power conferred under Section 311 CrPC has to be exercised judiciously, as it is always said "wider the power, greater is the necessity of caution while exercise of judicious discretion." 16. The principles related to the exercise of the power under Section 311 CrPC have been well settled by this Court in Vijay Kumar Vs. State of Uttar Pradesh and Another 2011(8) SCC 136. "17. Tho....
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....as an abuse of the process of law." 18. The aim of every Court is to discover the truth. Section 311 CrPC is one of many such provisions which strengthen the arms of a court in its effort to unearth the truth by procedure sanctioned by law. At the same time, the discretionary power vested under Section 311 CrPC has to be exercised judiciously for strong and valid reasons and with caution and circumspection to meet the ends of justice. 19. Indisputedly, the facts in the instant case are that the daughter of the appellant died an unnatural death on the intervening night of 2nd/3rd April, 2004 in Bangalore where she was living with the respondents who are facing trial under Sections 498A, 304-B, 302 read with Section 34 IPC and under Sections 4 and 6 of the Dowry Prohibition Act, 1961 and the trial is at the fag end of its closure and the case is listed for hearing. 20. At this stage, application came to be filed by Ld. Additional Special Public Prosecutor under Section 173(5) read with Section 311 CrPC for summoning the witnesses along with the concerned documents to adduce their evidence in connection with the second post mortem conducted on the body of the deceased and after per....
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....certainly the efforts being endeavoured to put in by the prosecution to summon the proposed witnesses along with the documents certainly need to be taken into consideration in the positive sense, only with an intention to see that the miscarriage of justice in any manner is prevented at any point of spell and juncture." 22. In the instant case, although the application was filed by the Ld. Additional Special Public Prosecutor under Section 173(5) read with Section 311 CrPC but it was open for the Ld. Trial Judge as well to exercise suo motu powers in summoning the witnesses whose statements ought to be recorded to subserve the cause of justice, with the object of getting the evidence in aid of a just decision and to uphold the truth. 23. We find that the Ld. Judge of the High Court has not adverted to the factual matrix noticed by the Ld. trial Judge in its Order dated 3rd September, 2016 and taking note of the submissions made by the contesting parties summarily, without assigning any reasons, albeit brief it may be, set aside the judgment of the Ld. trial Judge. We consider it appropriate to quote what has been observed by the High Court in its impugned judgment dated 11th Janu....