RAKESH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The revisionists, who are facing trial for the offence under Section 306, IPC in S.T. No.68 of 2010 in the Court of Additional Sessions Judge, Court No.7, Farrukhabad have challenged the order passed by the court dated 11.9.2013. By the impugned order the application of the accused-revisionists to cancel the statement of PW-3 Ravindra Nath Mishra has been rejected and the accused persons have been directed to cross examine the witness on the next date fixed.

(2.) Heard learned counsel for the revisionists, learned AGA and perused the record of the case.

(3.) The contention which appears on behalf of the accused-revisionists is that any person not nominated as witness in the charge sheet cannot be examined nor can be permitted to be examined as prosecution witness. It is proper to quote the provisions of Section 231, Cr.P.C. where in a Sessions trial the prosecution produces the evidence relied upon by it. The Section reads as follows:-