SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS Shamsher Singh and Darshan Singh are facing trial in the Court of Additional Sessions Judge, Kaithal with respect to an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. During the course of trial, the prosecution examined four witnesses. Some of the witnesses were given up. The prosecution closed its evidence. The statements of the accused-petitioners were recorded and it was listed for defence evidence. The defence evidence has not been closed. At that stage, on behalf of the State an application was filed to examine ASI Manohar Lal and DSP Ram Singh on the ground that due to indevertance ASI Manohar had been given up as unnecessary and DSP Ram Singh was not examined. The learned Additional Sessions Judge on 17.1.1995 passed the following order:-

(2.) AGGRIEVED by the said order, the present revision petition has been filed. Learned counsel for the petitioners argued to the effect that at this stage, the prosecution cannot be allowed to fill up the lacuna in the evidence. The trial had almost come to an end and, therefore, there was no ground to permit recording of the additional evidence.

(3.) SECTION 311 of the Code of Criminal Procedure reads:-