ORDER MUHAMMAD NASEEM, J.- On the basis of the registration of FIR No. 280/93 at Police Station Saddar Chichawatni, District Sahiwal, Jafar petitioner- accused alongwith his co-accused is facing the trial under' sections 302/324/34 PPC before the trial Court. During the trial the eye-witnesses namely Muhammad Anwar complainant and Muhammad Akram have been given up by the prosecution as having been won over. All the accused of the case filed the application to summon both the aforesaid eye-witnesses under section 540 Cr.P.C, as court-witnesses in the interest of justice so that the true facts emerged. The application was resisted by the prosecution. The trial Court referred to the statement of PW-4 in cross-examination wherein a suggestion was put on behalf of the accused and was denied by PW-4 that Muhammad Anwar complainant and Muhammad Alaram (PWs) were not present at the time of occurrence and expressed that the said suggestion was enough to make out that the aforesaid eyewitnesses Muhammad Anwar and Muhammad Akram as such were not essentially to be examined to reach at the right conclusion. Feeling aggrieved the accused persons have filed this revision petition.
2. I have heard the learned counsel for the parties and gone through the record before me. Relying on the ruling published as Mahboob Khan vs . The State (PLJ 1979 Cr. C(Lahore) 372 learned counsel for the petitioner-accused has correctly expressed that declining the application under section 540 Cr.P.C in the circumstances has semblance of inclination towards prosecution and that interest of justice demanded that they be examined as Court- witnesses. The most important aspect of the matter which has stolen the eminence is that Muhammad Anwar given up PW is the complainant of the case. He as well as Muhammad Akram given up Pw are the eye-witnesses of the case. They have been given up by the prosecution as' having been won over. If they are produced as Court witnesses the trial Court shall be in a better position to reach at the right conclusion especially when both the parties shall have the legal right to cross- examine them and through the weapon of cross-examination their veracity can well be analysed and judged. The dismissal of the application filed by the petitioner by the trial Court is devoid of judicial considerations. At the time of the dismissal of the application under section 540 Cr.P.C the statement of any witness cannot be referred to which obviously would prejudice the merits of the case. Hence I brush aside the stand taken by the learned counsel for the prosecution that the application under section 540 Cr.P.C has correctly been dismissed.
3. For what has been said above I accept this revision petition, accept the application filed by the accused-petitioner under section 540 Cr.P.C and direct the trial court to examine Muhammad Anwar complainant and Muhammad Akram (PWs) as Court-witnesses already given up by the prosecution as having been won over by the accused.