ANAND DOHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present revision has been preferred under Sections 397, 401 of Crimial P.C. against the order dated 9.6.2016 passed by First Additional Sessions Judge, Bhind in S.T. No.273/2015 whereby the application preferred by the petitioner under Sec. 311 of Crimial P.C. filed on behalf of prosecution has been allowed.

(2.) Reason for being crestfallen is the allowance of the application of the prosecution and for calling the witnesses Bhujbal and Maya Devi (father and mother respectively of the victim-Alok). Witnesses Bhujbal as well as his wife Maya Devi are material witnesses because they were eyewitnesses and have seen the incident and their names figures in the FIR.

(3.) Learned counsel for the petitioner submits that the prosecution has filed the charge-sheet against the present petitioner for alleged offence punishable under Sections 302 and 307 of Penal Code in alternate 304 and 308 of IPC. The prosecution has completed its part of evidence and no witness has supported the prosecution story therefore to create evidence against the petitioner and to fill up the lacuna of the prosecution, application under Sec. 311 of Crimial P.C. has been moved for calling the witnesses as mentioned above.