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2021 (3) TMI 1367 - SC - Indian LawsDowry - death of wife of the 1st respondent under unnatural circumstances - summoning the witnesses along with securing the relevant records - Section 173(5) read with Section 311 of Code of Criminal Procedure, 1973 - HELD THAT:- 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.” 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 - 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. 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 - It is not necessary that in every case, it is required to record elaborate reasons but since the matters are carried forward to this Court, the reasons, albiet brief may be, have to be recorded to facilitate this Court to understand as to what weighed with the Ld. Judge while passing the impugned judgment, moreover, when the finding of reversal has been recorded by the Ld. Judge in its impugned judgment. The judgment of the High Court impugned dated 11th January, 2017 is hereby set aside - Appeal allowed.
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