KALUWA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been preferred against the order dated 2.12.2016 passed in Sessions Trial No.1612 of 2011 under Sec. 147, 148, 149, 302/34 I.P.C. whereby an application moved on behalf of the revisionist/accused under Sec. 311 Crimial P.C. has been rejected.

(2.) Facts, filtering unnecessary averments, giving rise to this revision are that FIR under the aforesaid sections bearing Case Crime no. 498/2011 was lodged by Abid-opposite party no.2 against 6 accused persons, charge sheet against 5 accused persons were filed by the Investigating Officer on which sessions trial no. 1612 of 2011 was initiated in which the prosecution evidence has been concluded and statement of accused persons under Sec. 313 Crimial P.C. are also recorded. The evidence in defence has also been adduced and case came at the stage of arguments.

(3.) It also appears that against one accused Malook, charge sheet was submitted by the police subsequently on which Sessions Trial no. 760 of 2015 arose. In that trial, witnesses Abdul Salam, Jabir and Abid were examined on behalf the prosecution. Accused persons at the stage of arguments in S.T. No.1612/2011 moved an application under Sec. 311 Crimial P.C. with a prayer to summon the prosecution witnesses namely (1) Abdul Salam (2), Jabir and (3) Abid for further cross-examination Learned trial Court after hearing both the parties refused the prayer by rejecting the application under Sec. 311 Cr. P.C. vide impugned order. Assailing that order, the instant revision has been preferred.