BRAMH LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the applicant, Sri K.K. Dwivedi and Sri R.P. Dwivedi Advocates for the opposite party No. 2 and learned A.G.A. for the State.

(2.) THIS application has been filed challenging the order dated 26 -7 -2005 passed by the Additional District and Sessions Judge Court No. 16, Agra in Sessions Trial No. 582 of 1998 whereby the application on behalf of the applicant under Section 311 Cr. P.C. has been rejected. The applicant is complainant in the aforesaid session trial. The assertion made on behalf of the applicant is that the accused are influential and moneyed people and are closely acquainted with the gangsters. At the time of evidence, the statements of PW 1 Brahm Lal, PW 2 Jagat Singh were recorded, they were under pressure as they were threatened not to depose against the accused. In the circumstances, a request was made to recall the said witnesses, as they had not supported the prosecution case. The application was rejected. This order has been challenged in this application. A perusal of the order of the learned District and Sessions Judge reveals that the applications 85 Kha, 106 Kha and 107 Kha were moved on previous occasion and they were decided on merit vide order dated 2 -8 -2003. The prayer for re -examining the said witnesses are rejected and this application has once again been moved on the same grounds and, therefore, it was held to have no force and was accordingly rejected.