LAWS(DLH)-2015-10-520

MOHD ANISH Vs. STATE (NCT) DELHI

Decided On October 19, 2015
Mohd Anish Appellant
V/S
State (Nct) Delhi Respondents

JUDGEMENT

(1.) The petitioner has put up a challenge to the order dated 15.1.2015 passed by the learned Trial Court in connection with FIR No.399/2009 (PS New Ashok Nagar), whereby the prayer made on behalf of the petitioner (defence) for recall of Smt. Gyan Devi (PW. 12), Baburam (PW. 13) and SI Yoginder Singh (PW 18) under Section 311 of the Code of Criminal Procedure (for short "Cr.P.C") was rejected without recording any cogent reason for the same.

(2.) The necessary facts to decide the issue are as hereunder.

(3.) The petitioner had married Manju @ Shahin (deceased) who was Hindu by birth but had converted to Islam after the marriage. Manju @ Shahin died in her matrimonial home.