AMAR PAL Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN Din, J. Heard Sri N. K. Sharma, the learned counsel appearing for the revisionists and the learned A. G. A.

(2.) FROM the impugned order it ap pears that the prosecution examined three witnesses, who have been adequately cross- examined by the defence counsel. On closure of the prosecution evidence the accused/revisionists moved an ap plication under Section 311, Cr. P. C for recalling the witnesses for further cross-examination, in view of the affidavits, filed by them in the Court, resiling from their earlier statement, recorded in the Court. The learned IX-Addl. Sessions Judge, Meerut before whom the trial of the ac cused revisionists is pending, rejected the application on the ground that the af fidavits of the witnesses were received by post, together with the applications. The applications for taking the affidavits were not brought on the record and treated to be the part of the record.

(3.) LET a certified copy of this order be furnished to the learned counsel appear ing for the parties on payment of usual charges, within 48 hours. Revision allowed. .