LAXMINARAYAN AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed by the Petitioners herein aggrieved by the order dated 10.10.2018, passed by the Court of the Ld. First Additional Sessions Judge, Pipariya, District Hoshangabad, in Sessions Trial No.9/2017 (State of M.P. Vs. Laxminarayan and another). By the said order, an application moved by the Petitioners under section 311 Cr.P.C, for recalling prosecution witnesses Neeraj Kumar, Sita Agrawal, Gulab Chand, Chhote Veer, Lavkush Sharma and Jamna Prasad Malviya was rejected.

(2.) The Petitioners are the accused persons before the Trial Court. The incident for which the Petitioners are being prosecuted is stated to had taken place on 13/09/16 between 10.00 p.m. and 11.30 p.m. The facts briefly are as follows.

(3.) Sita Agrawal (P.W.2) is the wife of the deceased. On 13/09/16, she returns home at night of to find her husband lying on the bed in a pool of blood, dead. She immediately calls up her son Neeraj Kumar (P.W.1) who is staying separately and informs him that his father has been murdered and the house has been ransacked. P.W.1 informs the police and reaches the scene of crime. The first information report is registered against unknown persons. Subsequently, during the course of investigation, the Petitioners are arrested and the articles alleged to have been stolen from the scene of crime, along with blood-stained clothes and a knife, are allegedly recovered from the Petitioners. The Petitioners are put to trial and the prosecution examines fifteen witnesses and closes its evidence on 12/09/17. Thereafter the statement of the Petitioners are recorded under section 313 Cr.P.C and the case was listed for final arguments.