MAYA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition challenges order dated 5.2.2001 whereby the Additional Sessions Judge, Kurukshetra, permitted the State to examine Dr. P.K. Gupta by way of additional evidence.

(2.) Learned counsel for the petitioner contended that the impugned order amounts to filling in lacuna in the prosecution case. I am unable to agree. The revisional Court was satisfied that in the interest of justice, additional evidence was required. Reliance is placed on a judgment of this Court in Bhagwan Singh Vs. State of Punjab, 1988(2) PLR 46 : [1988(1) All India Criminal Law Reporter 916 (Pb. & Hry.)].

(3.) The said judgment is on its own facts and the revisional Court rightly distinguished the same in view of subsequent Supreme Court judgment in Rajendra Prasad Vs. The Narcotic Cell, 1999(3) Recent Criminal Reports 440 : [1999(3) All India Criminal Law Reporter 36 (SC)].