Section 311 CrPC | Court Can Summon Material Witness Even If Prosecution Doesn't: Rajasthan High Court

While allowing an application filed under Section 311 CrPC, Rajasthan High Court held that merely because a material witness was not cited by the prosecution, could not be a ground to deny the opportunity to the accused to summon such witness, when his/her evidence appeared relevant and necessary for a just decision in the case.

The bench of Justice Baljinder Singh Sandhu was hearing a petition challenging the order of the district court that had rejected petitioner-accused's application under Section 311 CrPC, seeking summoning of the doctor who had prepared the injury reports in the case.

“Therefore, the reasoning assigned by the learned trial court that it is solely the prerogative of the prosecution to decide which witnesses are to be examined, overlooks the true scope and object of Section 311 Cr.P.C., which empowers the Court itself to summon any witness if his evidence appears necessary for the just adjudication of the case.”

The petitioner was accused in a case of culpable homicide. It was alleged on his behalf that as per the report of the doctor, the death of the deceased was caused by stroke and not by way of any assault. However, the concerned doctor, who medially examined the victim and prepared the injury report was not summoned by the prosecution as witness.

Hence, application under Section 311 CrPC was moved by the petitioner which was rejected by the district court opining that the prerogative to decide the witnesses was of the prosecution. Thus, the order was challenged before the Court.

After hearing the contentions, the Court held that Section 311, CrPC conferred wide powers on the Court to summon any persons as witnesses or to recall/reexamine any witness. It was highlighted that the second part of the section mandated summoning of such witness by the court who was opined to be essential for just decision.

While expressing surprise over the fact that the doctor who prepared the injury report was not summoned by prosecution, the Court held that,

“The accused-petitioners have clearly disputed the alleged injuries on the person of the deceased and contend that the reports do not establish that the stated injuries were the cause of death…cause and nature of the injuries constitute a crucial aspect of the trial, and the examination of the doctor who prepared the medical report is undoubtedly essential to assist the Court in appreciating the evidence in its proper perspective and in arriving at a just decision of the case.”

It was held that only because the prosecution did not cite the doctor as a witness could not be a ground to deny such opportunity to the petitioner.

Accordingly, the petition was allowed, and the trial court was directed to summon the concerned doctor as witness.

Title: Narayan Lal Rebari & Anr. v State of Rajasthan

Citation: 2026 LiveLaw (Raj) 151

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