JITENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jitender Singh has filed this petition under Section 482, Cr P. C. for seeking quashment of orders dated September 11, 2003 and February 10, 2004 passed by learned Additional Sessions Judge, Sonepat whereby the learned Judge has dismissed two applications that had been filed by the accused under Section 311, Cr. P. C. for recalling witnesses.

(2.) According to the learned counsel for the petitioner, Jitender along with Anil, Ishwar and Bhupender were facing trial under Section 302/34 of the Indian Penal Code and Section 25 of the Arms Act on the basis of F.I.R. No. 4 dated January 6, 2002 registered at Police Station Ganaur for the number'of Randhir. At the trial prosecution had examined Suresh Kumar (PW-3), Daya Nand (PW-4) as eye-witnesses and Jagdev Singh (PW-9) as a witness who had been present when Jltender and Anil were interrogated by the Investigating Officer and had made certain disclosure statement which led to the recovery of a pistol and cartridges.

(3.) After the prosecution witnesses had been examined, prosecution evidence was closed, statements of the accused recorded under Section 313, Cr. P. C. and the stage for recording defence evidence had been reached, Jitender petitioner moved an application on August 9, 2003 under Section 311, Cr. P. C. for the recall of Suresh Kumar (PW-3), Daya Nand (PW-4) and Jagdev Singh (PW-9) under Section 311, Cr. P. C. This application was also dismissed vide order dated September 11, 2003.