SATISH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) IN a Sessions Trial No. 233 of 2005 (State v. Anil Kumar) under Section 307, 1.P.C. pending before Additional Sessions Judge Vth, Saharanpur, Investigation of which was conducted by S.S.I. Mukesh Kumar, pairokar Police Station Sarsawa district Saharanpur informed the Court during the trial that Investigation Officer of the case cannot be found. The prosecution, therefore, prayed before the Court to produce secondary evidence to prove the memo of recovery and 'Palkati' recovered by Investigation Officer Mukesh Kumar at the instance of accused Anil, which the Court allowed.

(2.) SUBSEQUENTLY , the complainant came to know that S.S.I. Mukesh Kumar was posted in Police Lines, Rampur, he applied before the trial Court under Sec ­tion 311, Cr.P.C. for summoning S.S.I. Mukesh Kumar in evidence, so that Palkati may be proved in evidence, which the trial Court declined by order dated 20 -12 - -2007.

(3.) HEARD Sri Vikrant Pandey, Advocate for the applicant and Sri Mohammad Israil Siddiqui, Additional Government Advocate for the State.