DNYANESHWAR BALU PATOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) Heard the learned Counsel for the parties as well as learned Counsel for the sister of the deceased Ms. Rekha Nishant Karande, who wanted to assist the prosecution in this matter. Perused the relevant record and the impugned order.

(3.) Petitioners before this Court are the original accused Nos. 5 and 6 in Sessions Case No. 862 of 2008 under Sections 147, 148, 302 r/w 149 of the I.P.C. pending before the Additional Sessions Judge, Pune. P.W.1 Ankush, who is said to be eye witness was in the witness box facing prosecution on behalf of the accused persons. When he was under the cross-examination, on behalf of the Petitioners and accused No. 3, a map of the scene of the offence prepared by advocate Mr. Amar Kale was produced on behalf of the defence and on the basis of that certain questions were put to the witness. Additional Public Prosecutor raised objections to certain questions, therefore, after hearing the advocates for the concerned parties, the learned Additional Sessions Judge by the impugned order dated 16.8.2008 rejected the question put to the witness. That order is challenged in the present petition.