STATE OF MAHARASHTRA Vs. HINDURAO LAXMAN SALUNKE

JUDGEMENT

(1.) THIS revision application has been filed on behalf of the State taking exception to the rejection of their application for leave to lead additional evidence made under Section 311 of the Cr. P.C.

(2.) THE Respondents -accused were facing the charge of murder under Section 302 of IPC in Sessions Case No. 39 of 1989 in the Sessions Court, Satara with regard to the incident dated 8.11.1988 which took place at Koregaon, District Satara. The trial of the case had commenced on 22nd June, 1992 and the prosecution had closed its evidence on 23rd July, 1992. Thereafter the respondents -accused were examined under Section 313 of Cr. P.C. on 19.8.1992. On behalf of Respondent No. 1 accused evidence of defence witness Dr. Budhkarwas led on 21st August, 1992. The said doctor was examined to prove the certificate which was issued by him for the injuries on the person of the said accused allegedly received by him on 8.11.1988 i.e. the date of the incident. The certificate is dated 18th June, 1992. The object of leading the said evidence was to show that the Respondent No. 1 accused had received injuries in the course of the incident for which he was prosecuted for offence of murder and that he had exercised right of private defence.

(3.) FEELING aggrieved by the said order of rejection of their application, the State has preferred this Revision Application.