BHUPENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a revision by the accused, against the orders dated 17 -7 -1989 and 18 -8 -1989, passed by First Additional Sessions Judge, Gwalior, in S.T. No. 129/89, closing the evidence of defence.

(2.) MATERIAL facts leading to this revision are: The accused is being tried for an offence u/s 302 IPC for committing murder of one Devendra Singh Chouhan on 17 -4 -1987, by gun shots. Prosecution closed its evidence on 3 -10 -1988. Statement of accused u/s 313 Cr. P.c. was recorded on 12 -10 -1988. Accused moved an application u/s 311 Cr. P.c. for examining one Jogendra Singh and Ballistic expert J.P. Nigam, who were not examined by the prosecution. On 27 -10 -1988, the Court ordered examination of Ballistic expert as a Court witness. It was also ordered that defence witnesses be also summoned if the defence has given names and addresses. For that, a list of ten defence witnesses with their addresses was filed by the accused on 18 -11 -1988.

(3.) ON the date fixed, i.e. on 27 -7 -1989, the applicant moved an application for issuance of fresh summons for examination of three witnesses, namely, Satya Bhan, Shiv Prasad and Ajab Singh. This prayer was allowed by ordering that summons be given to accused for service at his risk. On 18 -8 -1989, the three witnesses, in spite of service, were not present, the applicant prayed time. One more opportunity to applicant to produce the witnesses was granted. It is this order, and the order, closing of evidence of the applicant/accused, are challenged in Revision.