ABDUL AZIZ Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision petition has been preferred by the applicant, Abdul Aziz, against judgment and order dated 23.5.1995 passed by Xth Addl. District Judge, Meerut in Sessions Trial No. 10 of 1989 under Sections 302, 394 and 411,I.P.C.

(2.) ON the basis of a complaint made by the applicant, Abdul Aziz a case under Sections 302, 394 and 411, I.P.C. was registered, which gave rise to Sessions Trial No. 10 of 1989, the proceedings of which were pending before Xth Addl. Sessions Judge, Meerut. The evidence of the prosecution and that of the defence had already been concluded and the case was ripe for arguments. In the meantime the applicant, Abdul Aziz, moved an application to recall the Investigating Officer, P.W. 6, for production of the weapon of the offence, i.e. Musali (iron-rod). The learned trial court after discussing the pros and cons of the matter dismissed that application by his order dated 23.5.95. In this revision that order passed by the trial court has been challenged, as mentioned above.

(3.) THIS Section 311 of the Code, no doubt, gives very wide discretion to the court to summon any person as a witness or examine any person in attendance or recall and re-examine any person already examined, but it is a judicial discretion which has to be exercised on the basis of tangible and concrete trial.