PRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by impugned order dated 10.04.2013 passed by the learned First Additional Sessions Judges, Balaghat in Sessions Trial No.137/2012 (State of M.P. through P.S. Kotwali Balaghat Vs Prakash and 4 and others), the accused/petitioners has filed this petition under section 397/401 of the Code of Criminal Procedure,1973 here-in-after in short "the Code".

(2.) The learned trial Court by the impugned order rejected the application dated 10.04.2012 under Section 311 of the Code for recalling the witnesses Ku. Savitri Parteti (PW/1), Dr. Dhanendra Gajbhiye (PW/2) and Smt. Mamta Songade (PW/3) for their cross examination.

(3.) The case of the prosecution has portrayed on the paper that complainant Smt. Mamta Songade made a written complaint on 19.03.2012 alleging that since the date of marriage 11.05.2006 till date, the applicants, her in-laws are harassing her to fulfill demand of dowry. The prosecution came with the case that applicants poured on her kerosene oil and were trying to committed her murder by set her on fire, but she managed to save herself. The charges punishable under Section 307, 323, 506, 498A/34 of IPC and Section 3/4 of Dowry Prohibition Act, 1961 were framed against the applicants who abjured their guilt therefore set for the trial. During trial statement of these 3 witnesses were recorded and application for recalling them for further cross-examination were rejected, hence, this revision.