(1.) The present petition has been filed under Section 482 of Code of Criminal Procedure (hereinafter shall be referred as Cr.P.C.) against order dated 30.03.2016 passed by the Trial Court whereby the application filed by the petitioner under Section 311 Cr.P.C. was dismissed.
(2.) The facts in brief are that the case FIR No.99/2013 under Section 302 IPC, Police Station New Delhi Railway Station was registered on the basis of statement made by the complainant Purushottam M.N. The complainant had stated that on 09.06.2013 he along with his friend Aditya Birla had come to Delhi to give exam of DSSSB. They both came to New Delhi Railway Station. His friend was sleeping on the bench outside S.S. Office. At about 12.30 a.m., one person came and asked Aditya Birla to get up as he had to sleep on the bench. When complainant refused, the said person started quarreling. In the meanwhile, that person picked up a stone lying on the gutter and hit the same on the head of Aditya due to which blood oozed out from the head of Aditya. When the complainant tried to catch the assailant, the complainant was also attacked. The complainant raised alarm. The police reached the spot and the said person, whose name was later on revealed as Ashok Bind, was apprehended. Injured was taken to hospital in PCR vehicle. During treatment, Aditya expired in the hospital. On the basis of statement of the complainant and MLC of the deceased, the instant FIR was registered.
(3.) The petitioner/accused was arrested and after completion of investigation, charge sheet was filed in the Court. The prosecution evidence commenced. During the pendency of the trial, an application under Section 311 Cr.P.C. was moved by the accused for recalling witnesses PW1, PW2, PW5 to PW8 and PW11. The Trial Court after going through the material available on record, dismissed the said application vide impugned order dated 30.03.2016. Feeling aggrieved by the dismissal of the said application, the present petition has been preferred by the petitioner/accused.