CHEEKU ALIAS SOHAN SINGH Vs. STATE OF MP

JUDGEMENT

(1.) With the consent of the parties the matter is heard finally at motion stage.

(2.) Applicants have preferred this revision under Section 397 and 401 of Cr.RC. against the order dated 29.7.2009 passed by First ASJ, Gwalior in Sessions Trial No. 216 of 2007 by which, application filed by present applicants for recalling witness Narandra was dismissed.

(3.) It is alleged that applicants are facing Sessions trial No. 216 of2007 in the Court of First ASJ Gwalior registered as PS Gola Ka Mandir for offence punishable under Section 302,307,147,148 and 149 of IPC. The case was fixed for prosecution evidence and out of two seizure witnesses, Vridavan and Narendra, only one witness Vrindavan has been examined by the prosecution and other witness Narendra was not examined. Prosecution has also not examined Manju and Urmila wife and Mother of deceased whose statments were recorded U/s. 161 of Cr.P.C. The present applicants have filed one application U/s. 311 of Cr.RC. for issuing a direction to the prosecution for getting examined Manju, Urmila as well as seizure witness Naresh and that application was rejected by the trial Court, hence this revision.