Prosecution can skip' examining Anna in murder case
It was further argued that Hazare's evidence would not in any manner help the prosecution prove any charge against the accused.
Mumbai: A special Central Bureau of Investigation (CBI) court has told the prosecution in the 2006 murder case of Congress leader and Member of Parliament (MP) Pawanraje Nimbalkar that it “may skip” examining Kisan Baburao Hazare alias Anna Hazare as witness because examining him will not serve any purpose.
Hazare is one of the witnesses in the case but prime accused and former Nationalist Congress Party MP Padamsinh Patil had opposed examination of Hazare as witness in the case saying his statement shows that his entire claim is based on hearsay information received by him and hearsay evidence is inadmissible in law.
It was further argued that Hazare’s evidence would not in any manner help the prosecution prove any charge against the accused.
The prosecution argued Hazare is listed as one of the witnesses and prosecution has the right to call and examine him and defence has the right to cross-examine him.
Special CBI judge P.S. Tarare observed, “It appears that his (Hazare’s) statement is not material to prove the charges levelled against the accused as he is not the witness to the incident.”
He further said, “It is well settled principle of law that the prosecution is not bound to produce each and every cited witness.”
He cited a Supreme Court judgement for the same.