CHOOTKU ALIAS RAM PRASAD Vs. STATE OF CHHATTISHGARH

JUDGEMENT

(1.) THE applicants accused being aggrieved by the order dated 11-1- 2001, passed in Sessions trial No. 7/2000, by the learned Additional Sessions Judge, Surajpur, granting the application of Sukul Ram and Prabhu Ram for their examination as witnesses, have come to this Court.

(2.) THE prosecution case in brief is that the present applicants had committed murder of certain persons and as the eye-witness account was available against them, they were liable to be prosecuted. During the course of the trial, number of witnesses were examined. On 2-11-2000 Sukul Ram and Prabhu Ram referred to as the proposed witnesses made an application duly supported with an affidavit that they are material witnesses of the trial, therefore, and as they had seen the accused persons committing the offence, their statements be recorded in the trial. The application was opposed by the present applicants, but the learned trial Court granted the application and directed that the two persons be examined as witnesses.

(3.) MISS . Singhai and Shri Shivraj Singh, learned counsel for the State and Objector submit that the Court below his not faultered in granting the application and the arguments raised by the applicants are mis-conceived.