GANGU SURYABHAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Firdos Mirza, Advocate for the applicant, Mr. Anoop Parihar, A.P.P. for respondent state & Mr. M.I. Dhatrak, Advocate for the intervenor.

(2.) This is an application under section 482 of Criminal Procedure Code. The applicant is accused in Trial for the offence punishable under section 302 of I.P.C. bearing Sessions Trial No.293/2002 in the court of Additional Sessions Judge, Pandharkawada (Kelapur). In this case, six prosecution witnesses have been already examined. Investigating Officer was to be examined. At that stage of trial, the intervenor complainant filed an Application Exhibit 31 by which he applied for examination of one Nandu Bhaurao Rathod who is alleged eye witness to the incident. He had contended that his (Nandu's) statement was recorded during the investigation and the same was in the case diary. According to him, further he did not notice the name of this witness as prosecution witness in charge sheet. So he applied to the court on 30.7.2007 to call him as witness by requisitioning statement of that witness from case diary. The prosecution had given say; saying that the statement of witness Nandu Rathod was recorded by P.S.I. Jirapure, but due to mistake it was not submitted along with the charge sheet. The prosecution also informed that the prosecution was going to file that statement of Nandu Rathod on record.

(3.) Learned Additional Sessions Judge then passed an order to allow production of document and issued summons to witness Nandu Rathod.