ASMI RAUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The accused is being tried for commission of offence under Sec. 302 of IPC. The prosecution, on various dates, examined number of prosecution witnesses. However, on 26.12016, the applicant moved an application under Sec. 311 Crimial P.C. praying for recall of Chandra Bhushan Tandon (PW1), Rahul Tandon (PW2) and Dr. A.K. Nagdeo (PW12). In the application (Annexure A/2), it was stated that on some important points there was lapse by the earlier counsel while cross examining Chandra Bhushan Tandon (PW1) and Rahul Tandon (PW2), therefore, the two witnesses may be recalled for examination.

(3.) In so far as A.K. Nagdeo (PW12) is concerned, it was stated in the application that the doctor has been examined only in respect of a part of the postmortem report. Though the report is in detail with regard to presence of injuries examination of internal parts like heart, liver, vagina and intestine etc., the doctor could not be examined on those aspects which is necessary to find out the time of death.