SRINIVASA REDDY AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed under Sec. 397 of the Criminal Procedure Code challenging the order dated 26.10.2015 passed in S.C. No. 105/2009, which is pending on the Court of I Additional District and Sessions Judge, Ramanagara.

(2.) The petitioners herein are accused Nos. 1 to 3 in the said case. They have faced trial for the offences punishable under Ss. 302 and 201 of IPC read with Sec. 34 of IPC. The prosecution had examined PWs. 1 to 17 and later on, case had been posted for examination of accused under Sec. 313 of Cr.P.C. When the case had been set out for examination of accused under Sec. 313 Cr.P.C. the prosecution intended to examine five more Police officials, who had not been cited as witnesses in the chargesheet. Permission was accorded by the learned Sessions Judge to examine all of them. Out of the five police witnesses, only two witnesses came to be examined on behalf of the prosecution.

(3.) At this stage, on 22.08.2014, an application was filed on behalf of the accused under Sec. 311 of Cr.P.C., requesting the Court to recall the Investigating Officer, PW. 17, for further cross -examination in light of the evidence tendered by two official witnesses examined on behalf of the prosecution though not cited in the chargesheet. This application came to be rejected on 26.10.2015 and it is this order, which is called in question in this petition on various grounds.