NARMADA PATHAK Vs. STATE OF M P

JUDGEMENT

(1.) Brief facts necessary for resolving the controversy are as under:-

(2.) The petitioner is a widow of deceased Pramod Pathak, who was allegedly killed by accused Narayan Pathak, his own brother. The petitioner entered the witness box and deposed her statement on 12.9.2011 (Annexure P-2). In the statement, the petitioner stated that Santosh, Shivkumar and petitioner's daughter came and informed her that Pramod (husband) was killed by Narayan (accused). Thereafter, the prosecution preferred an application dated 26.9.2011 under Section 311 of Cr.P.C. (Annexure P-3). In the said application, it is prayed that Santosh, Shivkumar and Sneha (daughter of petitioner) be summoned for deposition of their statements in view of petitioner's statement Annexure P-2. This was objected by the other side.

(3.) Shri Ankit Saxena, learned counsel for the petitioner placed reliance on (Rajendra Prasad Vs. Narcotic Cell through its Officer-in-charge, Delhi, 1999 AIR(SC) 2292) and (State of Orissa Vs. Durjo @ Duryodhana Sanamajhi & others, 2011 2 Crimes(Ori) 161) to submit that the Court below ought to have allowed the said application and committed error in rejecting the same by order dated 12.10.2011.