MANOJ KUMAR SWAMI Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr.P.C. for quashing the order dated 18-1-2006 passed by the Addl. Sessions Judge-VIth, Ghaziabad in S.T.no. 68 of 2001, State Vs. Manoj Swami and others, under sections 498-A, 304-B I.P.C. of police station Sihani Gate, Ghaziabad.

(2.) The facts relevant for disposal of this application arc that the applicants, Manoj and other co-accused persons are facing trial under sections 498-A and 304-B I.P.C. in the aforesaid case. It appears from perusal of the order of the learned Addl. Sessions Judge that the prosecution evidence has been recorded and the case is fixed for defence evidence. The accused have moved an application for summoning the record of Kanya Vidyalaya Khurja for tenth class pertaining to the years from 1997 to 1999. Their allegation is that the deceased Shashi had stated in her dying declaration that she had passed High School examination from the aforesaid school three years ago. This statement was given by her on 8-9-2000. The applicant's allegation is that she was an uneducated lady and had not studied in any school. So in view of the statement made in the dying declaration he wants to summon the record of the said school. The learned Sessions Judge rejected the above application on the ground that the dying declaration was recorded by the S.D.M. and so there was no necessity to summon the above record.

(3.) Having heard learned counsel for the applicant as well as the learned A.G.A. for the State, I am of the view that the case is listed for defence evidence and at the stage of defence the accused has a right to summon any evidence which may be relevant for proper appreciation of the prosecution evidence and to substantiate his defence.