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| Court fixed calendar for evidence | | Chopra Murder case | | Jammu, Oct 9: In the infamous Chopra Family Murder case in which Court had closed the evidence, Prosecution has filed an application u/s 540 CrPC praying therein that the leftover witnesses in the case be examined in present case in interest of justice.
Principal Sessions Judge Jammu Justice Rakesh Sagar Jain after hearing battery of lawyers from both the sides, allowed the application to be filed by the prosecution and gave one more opportunity to prosecution and directed to produce the witnesses as per serial number given in the list attached to the present application under section 540 Cr.P.C. While allowing the application of prosecution, Principal Sessions Judge Jammu Rakesh Sagar Jain observed that the prosecution been alive to its duties to ensure that all the cited witnesses are to be produced on the relevant dates and kept in mind that the Orders of the High Court are to be adhered to in letter and spirit, there would have been no necessity to move the present application. However, moving of application u/s 540 CrPc by the prosecution has become a usual feature in almost all the criminal trials and the present case is no exception. What is surprising is that normally that till the time the prosecution is being given opportunity after opportunity to adduce evidence, no one is bothered about the case. When the evidence of prosecution is closed, suddenly everyone seems to awake up. Court further observed that if the prosecution does its duty efficiently and in accordance with law and diligently, there would no need for the Court to see that the job of a Public Prosecutor is done by the S.S.P., D.I.G, I.G.P or the D.G.P.
The P.P. on numerous occasions been directed to ensure the presence of the I.O.s which has not been complied with. S.S.P., Jammu is directed to ensure that the one I.O. from each challan who are fully acquainted with the facts of the present case appear before the PP on 10.10.2014 and the PP shall inform the Court about the same. Copy of the Order be transmitted to the S.S.P., Jammu though Chief Prosecution Officer, Jammu today.
Court further observed that normally, this court would not write a detailed note but the present case is not an isolated case. The pitfalls pointed above are virtually taking place in majority of cases. In fact, there is no reason why all the witnesses cited in a case be not examined. This is a drawback in the prosecution which needs to be addressed by the state prosecution administration. (JNF) |
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