HARI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision under section 397 read with section 401 of the Code of Criminal Procedure has been preferred by the applicants being aggrieved by the order dated 13-11-2009 passed by the 1st Additional Sessions Judge, Sagar in ST No. 457/2008, whereby the application under section 311, Criminal Procedure Code filed by them has been rejected.

(2.) The brief facts of the case are that the applicants are facing trial for the offences punishable under sections 147, 148, 307/149, 302/149 of Indian Penal Code. The allegations are that these applicants along with other co-accused caused death of Lakhan and also attempted to cause death of Karan. During trial applicants moved an application under section 311, Criminal Procedure Code for recalling prosecution witnesses Hariram (PW-1), Dhanprasad (PW-2), Khuman (PW-3), Karan (PW-4) and Shyamlal (PW-5) on the ground that after recording their evidence some of them have filed affidavits denying the witnessing of the incident. Therefore they be recalled for further cross-examination.

(3.) Respondent resisted the said application on the ground that these witnesses have been cross-examined at length, therefore there is no necessary to recall them for further cross-examination. After hearing the arguments, the Court below rejected by amplication on 13-11-2009 which is assailed in this revision.