TUSHAR HARIBHAI GONDALIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the petitioners original accused persons seek to question the legality and validity of the order passed by the learned 2nd Additional Sessions Judge, Rajkot, dated 19th June, 2014 below Exhibit145 in Sessions Case No. 120 of 2011, by which the objections raised by the defence Counsel on behalf of the applicants herein as regards the admissibility of a part of the evidence of a witness was overruled.

(2.) The facts giving rise to this application may be summarized as under : -

(3.) It appears that the mother of the deceased namely Smt. Bhanuben Bhatti was in the box and she was being crossexamined by the defence Counsel. The mother of the victim was confronted by the defence Counsel with an omission in her Police statement to the effect that she had not stated before the Police that she proposed to distribute the sale proceeds pursuant to the sale of a plot, the ownership of which was of her husband, equally amongst her daughters after her demise. The witness agreed to the same by deposing that she had not stated such a fact before the Police in her statement. However, at that point of time, she tried to explain as to why she had missed to state such a fact before the Police in her statement recorded in the course of the investigation.