NANJU @ BARBENDING NANJU, S/O LATE KRISHNAIAH Vs. THE STATE OF KARNATAKA, BY VIJAYANAGAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THE Petitioner along with several other persons has been facing trial before the IV Additional Sessions Judge at Mysore in S.C. No. 1/2007 for the offences punishable under Sections 143, 148, 109, 365, 302 and 201 R/w. 149 of IPC. The Petitioner has been arraigned as Accused No. 14. The prosecution closed its side of evidence on 02.07.2010 and on 15.07.2010 the statement of the accused persons under Section 313 of Code of Criminal Procedure, was recorded. On the request of the counsel appearing on behalf of the accused persons, couple of adjournments were granted for leading defence evidence. However, since none of the accused led defence evidence, the defence was taken as "Nil" and the case was listed for hearing arguments on merits. It appears, the learned Counsel appearing for the present Petitioner -Accused No. 14 made a submission before the trial Court on 17.07.2010 that he has no defence evidence. However, when the case was set down for hearing arguments on the merits of the case, the Petitioner filed application under Section 243 r/w. 311 of Code of Criminal Procedure seeking permission to lead the defence evidence on the ground that he has already produced some CDs and photographs, therefore, it is just and proper to permit him to lead defence evidence. The said application was opposed by the prosecution. After hearing both sides, by the order dated 10.01.2011 impugned in this petition, the learned Sessions Judge rejected the said application. It is to quash the said order, the Petitioner has presented this petition.

(2.) I have heard the learned Counsel appearing for the Petitioner and also the learned Additional S.P.P. appearing for the Respondent -State. Perused the order impugned in this petition and also the other documents produced.