SURYAKANT Vs. STATE (GOVT OF NCT OF DELHI)

JUDGEMENT

(1.) By this common judgment, I shall dispose of these two revision petitions since the two orders under challenge have been passed in the same case i.e., Sessions Case No.1086/2016 titled State v. Suresh Suneja arising out of FIR No.787/2015 registered under Sec. 302 read with Sec. 201 IPC at P.S. Mandawali, Delhi.

(2.) It may be mentioned at this stage that the petitioner Suryakant is the brother of the deceased. He moved an application under Sec. 311 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") for his examination as a prosecution witness. This application was dismissed by the then District and Sessions Judge (East), Karkardooma Courts, Delhi vide order dtd. 28/2/2017. Thereupon, a revision petition being CRL.REV.P. 212/2017 was filed praying that the impugned order be set aside and the application be allowed with directions to the learned Trial Court to examine the petitioner as an eye-witness in the case.

(3.) Subsequently, on 23/5/2017, the accused moved an application under Sec. 294 Cr.P.C., on the basis of which examination of certain witnesses was sought to be dispensed with. The application has been placed on the record as Annexure P-10 to CRL.REV.P. 612/2017, which petition has been filed against the orders of the learned Trial Court dtd. 23/5/2017 allowing the application under Sec. 294 Cr.P.C., dismissing the objections raised by the present petitioner.