KALU BABU Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an application under section 482 of the Criminal Procedure code 1973 (for short the Code') challenging the orders passed by the second Additional sessions Judge Mandleshwar whereby he has refused permission to contradict the witnesses with their answers to questions under section 313 of the Code.

(2.) CIRCUMSTANCES giving rise to this petition are these. The applicant Kalu together with one Narayan when in the night of 29-12-1981 was guarding the fields sown with cotton and juwar crops they found that some miscreants including deceased guman, Jamsingh (P. W. 1) and Radheshyam (P. W. 2) were committing theft of cotton. On alarm being raised the miscreants started running away and pelted stones at the applicant and Narayan with slings.

(3.) THE occurrence was reported to the police station and the miscreants were prosecuted under section 395 of the Indian Penal Code. They have ultimately been acquitted.