ARVIND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition u/S 482 of Code of Criminal Procedure, 1973, has been filed by the applicant/accused being aggrieved by order dtd. 8/11/2023 passed by II Additional Sessions Judge, Manawar, Distt. - Dhar (M.P.) in ST No.67/2022, whereby the learned trial Court has dismissed the application u/S 311 of Cr.P.C. filed by applicant.

(2.) Facts giving rise to this petition are that S.T. No.67/2022, offence punishable u/S 294, 323, 324, 506(II) and 302 r/w 34 of IPC and Sec. 25(i) (b)(b) of the Arms Act is pending before the trial Court against the applicant. During prosecution evidence, Pradeep (PW-1) and Lakshmibai (PW-3) were examined on 16/2/2023 and 29/3/2023 respectively. Thereafter, on 20/9/2023, the applicant had filed an application (Annexure-6) u/S 311 of Cr.P.C., which was rejected by the learned trial Court.

(3.) Learned counsel for the applicant submits that previous counsel for the applicant could not perform effective cross-examination of the witnesses Pradeep (PW-1) and Lakshmibai (PW-3) in respect of sequence of incident of reaching police station from the place of incident, from police station to Manawar Hospital, refer of the injured/deceased from Manawar to Badhwani Hospital and admit over there, date of death during treatment, alongwith on other subjects i.e., nature of injury of injured person and animosity between the parties.