BAJRANG KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The revision is directed against the order dated 31-3-2004 passed by the learned Addl. Sessions Judge, Korba in Sessions Trial No. 439/2000, whereby the application filed by the accused has been rejected for re-examination of certain witnesses under Section 311, Cr.PC.

(2.) It is pointed out that earlier when the witnesses were examined, the articles and properties were not made available for identification. It is further pointed out that the re-examination of the witnesses is material and necessary. The said application was opposed. The Trial Court while rejecting the application noted that the prosecution evidence is complete and the matter is at the stage of defence evidence.

(3.) Learned Counsel for the applicants contended that so far as examination/recall of the witnesses is concerned, Section 311, Cr.PC empowers the Court to summon a material witness or to examine a person present in the Court or to recall a witness already examined.