CRR No.3151 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.R. No.3151 of 2010 (O&M) Date of Decision : 09.03.2011 Dilbag Singh @ Sonu ……Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. J.S. Bedi, Advocate for the petitioner. Ms. Shalini Attri, D.A.G., Haryana. Mr. Ashit Malik, Advocate for the complainant. *** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (Oral) This petition has been filed against the order dated CRR No.3151 of 2010 (O&M) -2- 15.11.2010 permitting additional evidence under Section 311 Cr.P.C. The main argument of learned counsel for the petitioner is that in the present case after the prosecution evidence was over the petitioner had led his evidence in defence and, therefore, by now summoning additional witnesses only an attempt is being made to plug the lacunae in the prosecution evidence. Learned counsel for the respondent as well as learned counsel for the complainant have however argued that the trial Court has recorded its satisfaction that it would be in the interest of justice and would be necessary to arrive at the true conclusion examining these witnesses and that this satisfied the parameters of Section 311 Cr.P.C. No doubt in a case where an accused has not led any evidence this question may pale into insignificance, but where the accused has led his evidence, if additional evidence has to be recorded on behalf of the prosecution a finding has to be recorded after considering the effect of the fact that the accused has already led his evidence and has disclosed his defence. Which is not to say that in a case where an accused has led evidence an application under Section 311 Cr.P.C. cannot be moved or cannot be allowed, but the consideration of its effect on the defence evidence must be apparent from a reading of the order. I find that the impugned order does not reflect any such consideration. In the circumstances, I deem it appropriate to set the CRR No.3151 of 2010 (O&M) -3- order aside and direct the learned trial Court to pass fresh order in view of the observations made hereinabove. Ordered accordingly. Petition stands disposed of. ( AJAY TEWARI ) March 09, 2011 JUDGE ashish