NAYEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Saghir Ahmad, learned counsel for the revisionist and the A.G.A.

(2.) The applicant/revisionist is an accused in S.T. No. 527 of 1995 State Vs. Nayeem , under Sections 394 and 302 I.P.C., pending in the court of VIII Additional Sessions Judge, Saharanpur. The applicant moved an application No. 129-Kha to call the witnesses in defence. That application was rejected by the learned Additional Sessions Judge by an order dated 13.4.2000. Aggrieved by it, the present revision has been preferred.

(3.) In this case co-accused Mukesh moved an application to summon certain witnesses under Sec. 311 Crimial P.C. His application was rejected and against that order he preferred Criminal Revision No. 2481 of 1999. That revision was also dismissed by the High Court on 23.12.99. However, it was observed that the accused could summon the witnesses in defence. Accused Nayeem, thereafter moved application to call the witnesses in defence. That application was again rejected by the impugned order.