RAHUL KISAN JAYBHAYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsels for the parties.

(2.) The petition challenges the orders dtd. 8/10/2024 and 14/11/2024 passed by the learned Additional Sessions Judge, Buldhana in Sessions Trial No.24 of 2022 whereby, objections to the admissibility of the portion of testimony of PW4-Gajanan Laxman Ambhore raised during his examination-in-chief were overruled.

(3.) The petitioners are indicted for the offences punishable under Ss. 302, 394, 201 read with Sec. 34 of the Indian Penal Code alongwith other provisions of the Arms Act. During trial, the prosecution sought to examine PW4-Gajanan Ambhore, a panch to various memorandum panchanamas and the demonstration panchanama as well. On 8/10/2024, when the testimony of PW4- Gajanan Ambhore was being recorded, the petitioners objected to the admissibility of some portion of the testimony with regard to the Demonstration Panchanama on the premise that it is hit by Sec. 25 of the Indian Evidence Act, 1872 (for short "the Act"). The objection was overruled by the trial Court. On 19/10/2024, when his further examination-in-chief was being recorded, the petitioners also objected to another portion of the testimony with regard to the demonstration on the same ground. The trial Court by another order dtd. 14/11/2024 overruled the said objection as well. Dissatisfied with rejection of the objections by the learned Additional Sessions Judge, this petition came to be filed.