BRIJESH GOPALRAO PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Mitesh Amin, learned Public Prosecutor waives service of Rule on behalf of the respondent- State of Gujarat.

(2.) By way of the present petition under Articles 14, 16, 226 and 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 the petitioners original accused have challenged the judgement and order dated 02/05/2017 passed by learned Additional Sessions Judge, Valsad in an application below Exh.50 in Sessions Case No.30 of 2014, by which, learned Sessions Judge has rejected the application submitted by the petitioners under the provision of section 91 of the Code of Criminal Procedure, 19731973 (hereinafter referred to as "the Code") for production of certain statements of witnesses recorded during investigation and not produced along with charge-sheet.

(3.) Brief facts, arise from the record, are as under: An FIR came to be lodged against the petitioners being C.R.No.I- 76 of 2013 with Pardi Police Station for the offences punishable under Sections 498(A), 306, 114, etc. of the Indian Penal Code as well as under sections 3 and 4 of Dowry Prohibition Act. On completion of investigation, charge-sheet came to be filed before appropriate court. Learned Sessions Court has framed charges below Exh.24 in Sessions Case No.30 of 2014, on 31/08/2014. Prosecution examined panch witnesses.