MOHD SHUEB ASIF Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Gupta, J. On 4-7-1996 the petitioner lodged an F. I. R. at P. S. Chowk, Lucknow, being Crime No. 250 of 1996, under Section 364-A, I. P. C. , alleging that Rais, opposite party No. 4 was his servant and on the previous day that is 3-7-1996 at about 5. 30 p. m. he had taken minor child of the petitioner aged about 2-1/2 years for walking but he did not turn up. When he did not come back home, a search was made but in vain. Subsequently, dead body of the infant child was recovered on dis covery made under Section 27 of the Evidence Act. After investigation charge-sheet under Sections 302/120-B/364/201, I. P. O. was preferred against opposite par ties No. 2 to 5 and they are being tried at present in ST. No. 563 of 1997 by IInd Additional Sessions Judge, Lucknow.

(2.) IN the trial before the entire prosecution evidence could be closed the Public Prosecutor moved an application that Taukir Farhat and Guddu Ghosi, who were witnesses regarding evidence under Section 120-B, I. P. C. and A/mat Khan in whose presence the dead body of the child was recovered, be discharged as they had been won over by the accused. This ap plication was allowed by the learned IINd Additional Sessions Judge, Lucknow. Subsequently the complainant on 15-7-98 moved an application praying that aforesaid three witnesses be ordered to be examined under Section 311, Cr. P. O. It was mentioned in the application that al though earlier the Public Prosecutor has moved an application for discharge of these witnesses because they were won over by the accused persons but said wit nesses wanted to give evidence on the basis of what they had seen and heard. This application has been rejected by learned IINd Additional Sessions Judge, Lucknow by means of his order dated 24-7-1998. Now this petition under Section 482, Cr. P. O. has been preferred.