VIJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD . Perused.

(2.) ISSUANCE of witness summons to Mahalasa, daughter of petitioner No.2 accused Gangubai in Sessions Case No.8/2001, conducted by learned Additional Sessions Judge, Nilanga is questioned in the present petition.

(3.) THE petitioners are the accused in the aforesaid case. Charges under Sections 302, 201 read with Section 34 of the Indian Penal Code, 1860 were framed against the petitioners in the said case. Witnesses were examined and the petitioners/ accused were examined under Section 313 of the Code of Criminal Procedure, 1973. Before the arguments could be opened, an application (Exh. 71) was moved by the complainant P.W.3 Shivmurti Pethkar for issuance of witness summons to Mahalasa, daughter of the petitioner No.2. After hearing the parties, the learned trial Court invoked the provisions under Section 311 of the Code of Criminal Procedure on being satisfied that the examination of the said witness was necessary and consequently allowed the said application for issuance of summons on 10.1.2002. om