The Patna High Court dismissed the petitioner's application seeking recall of a witness to disclose a compromise in a murder case (IPC Section 302), holding that such an offence cannot be compounded and Section 311 CrPC is not applicable.
Application to recall witness PW3 for stating a compromise factum dismissed as misconceived.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14462 of 2013
Arising Out of PS.Case No. -182 Year- 2010 Thana -KAKO District- JEHANABAD ====================================================== Ravi Yadav S/O Karu Yadav Resident Of Village- Ebrahimpur, P.S.- Kako, District- Jehanabad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 20-11-2014 The petitioner has challenged the order dated 31.10.2012 passed by learned ADJ-III, Jehanbad in Sessions Trial No. 6 of 2012 whereby the prayer for recall of witness, namely, PW3 has been rejected.
Such a prayer was made on behalf of the defence in order to bring on record factum of compromise between the parties through the mouth of P.W.3.
The application is misconceived on two scores. There cannot be any compounding of an offence under Section 302 of the Indian Penal Code and for bringing this fact before the Trial Court, the provisions of Section 311 of the Code of
Patna High Court Cr.Misc. No.14462 of 2013 (3) dt.20-11-2014
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Criminal Procedure would never be invoked.
The application is misconceived and is dismissed.
(Ashutosh Kumar, J)
Jagdish/-
U T
The application is misconceived and is dismissed.
2 issues framed by the court
Whether Section 311 CrPC can be invoked to bring a fact of compromise in an offence under Section 302 IPC on record when the offence is non-compoundable.
Whether a petition to recall a witness for stating a factum of compromise regarding a murder case is maintainable.
2 provisions across 2 enactments
Ravi Yadav
The State Of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
