LAWS(MPH)-1995-8-24

SHAITAN JILENDRA SINGH Vs. STATE OF M P

Decided On August 22, 1995
SHAITAN JILENDRA SINGH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The petitioners are being tried by the Sessions Court for offences under Sections 148 and 302 read with Section 149 IPC.

(2.) At the trial, the prosecution had examined Smt. Kala, Smt. Kaushalya and Prakash, as eyewitnesses. The prosecution had closed its evidence on 11-3-1995. At that stage, the petitioners filed an application under Section 311 of the Cr.P.C. enclosing the affidavits of the above witnesses, which were contrary to the statements given by them at the trial and had prayed to the trial Court for recalling the witnesses.

(3.) The application was opposed by the State and it was contended that the documents were doubtful and were filed very late. The action of the accused-petitioners was mala fide. It was, therefore, prayed that the application of the petitioners accused persons be rejected.