Court takes serious note over functioning of Prosecutor, directs DG Prosecutor to file response
STATE TIMES NEWS
JAMMU: Additional Sessions Judge Doda Amarjeet Singh Langeh today in matter of attempt to murder case took serious note of Prosecutor for dropping the eye-witness, directed copy of this order be sent to Director General, prosecution, U.T of J&K- for his well meaning indulgence so that little scrutiny at his end could provide basis to this court as to what was the underlying reason which impelled the then prosecutor to give up a witness having the character of not less than ‘an eye witness’- to the occurrence. Let Director General of Prosecution file response in aforesaid context by next date so that appropriate orders in the matter may accordingly be issued.
When the matter came-up for hearing, Court observed that the examination of file indicate that one of the prosecution witness namely Ram Lal Bhagat (Pw-8) has been given up by prosecution on 08.03.2019.
It is pertinent to point out that interalia in other offences, accused is charged while in offence of attempt to murder the injured PW is silent. It is also not disputed that witness aforementioned has been cited as an eye witness to the occurrence.
Having been cited as an eye witness, witness supra therefore, is an essential entity to the unfolding of the narrative on which the prosecution case is based. Without any plain and clear rationale having been put forth, It thus is not fathomable as to how and why prosecution chose to forgo a vital/material witness from examining. Even in an extreme scenario, witness concerned at the most would have turned hostile in which eventuality prosecution could have the opportunity to subject him to scorching cross-examination to decipher the truth instead of giving him up on speculative basis. It needs no reminder that in the process of administration of justice, things must not happen in an in-explicable way, and course adopted by the then Ld prosecutor is thus prima facie “disturbing” to say the least.
Be that as it may, let copy of this order be sent to Director General, prosecution, U.T of J&K- for his well meaning indulgence so that little scrutiny at his end could provide basis to this court as to what was the underlying reason which impelled the then prosecutor to give up a witness having the character of not less than “an eye witness”- to the occurrence. Let the Director General of Prosecution file response in aforesaid context by next date so that appropriate orders in the matter can accordingly follow, Court observed.
Put up for prosecution evidence and for response of Director General Prosecution in light of what is said hereinabove on 05.08.2023.
