KALI Vs. THE INSPECTOR OF POLICE, PULIYARAI

JUDGEMENT

(1.) This petitioner has been filed to set aside the order dated 17.12.2015 in Cr.M.P.No. 7149 of 2015 in S.C.No. 134 of 2015 on the file of the Principal Sessions Judge, Tirunelveli Tirunelveli District.

(2.) The petitioner is facing prosecution in S.C.No. 134 of 2015 before the learned Principal Sessions Judge, Tirunelveli for offences under Sections 294(b) and 302 IPC. During the course of trial, the prosecution filed a petition in Cr.M.P.No. 7149 of 2105 in S.C. No. 134 of 2015 under Sec. 311 Crimial P.C. for examining Dr.Radhna Pethmurugan and Dr.Nirmalkumar as additional witnesses. The accused strongly objected to the examination by filing a counter. The Trial Court considered the rival submissions and allowed the petition on 17.12.2015, challenging which, the accused is before this Court.

(3.) Learned counsel for the petitioner/accused relied upon the judgment of the Supreme Court in the case of Rajaram Prasad Yadav Vs. State of Bihar and another reported in (2013) 14 SCC 461 in support of his contention that the prosecution cannot be allowed to fill up the lacuna. He also submitted that those witnesses were not cited in the memo of evidence and their 161 statements were also not recorded.