MAHESH JETHANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant/accused has filed the petition under Section 482 of the Cr. P. C. against the order dated 13-1-2004 passed by learned XIIIth Additional Sessions Judge, Indore in S. T No. 91/02 whereby the document is admitted by the learned Trial Court, Indore in the evidence.

(2.) THE applicants are facing the trial in the Court of XIIIth Additional Sessions Judge, Indore for the offence punishable under Section 498-A and 304-B of the IPC and the allegation against the applicants is that the dowry death of Reshma was caused. The prosecution has examined 5 witnesses and Rajesh Pardasani (P. W. 3) who is the brother of the deceased has filed the Phonogram and the Phonogram was taken on record by the learned Trial Court.

(3.) THE objection of the applicants is that the learned Trial Court has erred in admitting the document because there is no provision to admit that document during recording the evidence. That the alleged documents were not produced during investigation. Consequently, the order of the learned Trial Court of admitting the document be quashed under Section 482 of the Cr. P. C.