AMOL SINGH Vs. M P STATE

JUDGEMENT

(1.) HEARD finally at admission stage with the consent of both the parties.

(2.) IMPUGNING the order dated 9-1-07 passed by 1st Additional Sessions judge, Datia in S. T. No. 13/02, this petition has been filed on behalf of the petitioners, who are the accused in the case. Vide impugned order, an application filed under Section 311, Cr. PC by the petitioners for recalling of the witnesses already examined, was dismissed.

(3.) IT is submitted by Shri Saxena that during the course of trial witnesses Raju (P. W. 2) and Jagdish @ Jogesh (P. W. 6) have stated against the petitioners. Thereafter, they executed their affidavits dated 2-11-06 in which they have deposed contrary to their previous statements recorded during trial. It is also mentioned in the affidavits that on account of the pressure of the police, they did not state the correct version during trial. On account of these two affidavits, one application was moved on behalf of the petitioners before the learned Judge for recalling of these two witnesses under Section 311 of Cr. PC which has been dismissed by the impugned order. While drawing the attention of the Court on an order of this Court passed in Shahid Roshan Jameer Vs. State of M. P. reported in 2002 (2) M. P. H. T. 39 = 2002 (1) MPWN100, he submits that in such circumstances recalling of the witnesses is to be ordered.