MUSTAKEEM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Samit Gopal holding brief of Sri Rohit Agrawal for the applicant in revision and the learned A.G.A. for the State.

(2.) This revision is directed against the order dated 21-12-2000 passed by VIth Addl. Sessions Judge, Meerut in S.T. No. 890/99 under Sections 364/302, I.P.C. and under Section 25 of Arms Act, allowing the appli-cation moved by the prosecution under Section 311, Cr.P.C. for summoning three witnesses namely Station Officer, Arvind Singh Pundir, F.I.R. writer Noor Mohammad and the doctor who conducted post mortem examination of the deceased.

(3.) The order under revision is challenged merely on the ground that as witnesses of fact had turned hostile there was absolutely no need for the trial Court to summon the aforesaid witnesses. It is further submitted that after the prosecution evidence had been closed the trial Court had no power to fill up lacuna in the posecution case. After examining the facts and circumstances, this Court finds that this revision sans merits.