PRAKASHSINH GANGARAM MARWADI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) By the present application, the petitioners/accused facing Sessions Trial No. 201/2008 before the Court of Sessions Judge at Nagpur for commission of offences punishable under sections 363, 366, 376 read with section 109/34 of Indian Penal Code have prayed for quashing and setting aside order dated 2-8-2010 passed by the learned Sessions Judge rejecting the application preferred by the petitioners under section 311 of Criminal Procedure Code for recalling of the prosecution witnesses No. PW2 and PW5.

(3.) The learned counsel for the petitioners urged that after recording deposition of PW5 on 9-7-2010, since it was noticed that certain relevant questions had remained to be put to PW2 and PW5, the petitioners preferred an application for recalling the said witnesses. He urged that the trial Court without taking into consideration the real purpose for which provisions of section 311 of Criminal Procedure Code were made, rejected the application preferred by the petitioners. He urged that hence the order rejecting the said application cannot be legally sustained and deserves to be quashed and set aside by giving appropriate direction for deciding the said application in accordance with law.