(1.) PETITIONER Deepak Kumar is facing trial, in relation to the charged offences, punishable under the provisions of Sections 147 of the Indian Penal Code and 302, 341, 506 -II read with Section 149 of the Indian Penal Code. Allegedly, on 2.7.2012, petitioner alongwith his co -accused murdered Surjit Singh, in relation to which FIR No. 47, dated 3.7.2012, registered at Police Station Bhaba Nagar/Nichar, District Kinnaur.
(2.) RECORD reveals that charges were framed on 4.5.2013 and between 4.7.2013 and 21.1.2014, statements of 23 prosecution witnesses were recorded on different dates. During trial, on 20.1.2014, petitioner moved an application (Annexure P -2), praying for recall of material witnesses Shyam Singh (PW -16), Bahardeen (PW -18) & Sanjay Kumar (PW -19), for re -examination. Prosecution resisted the application.
(3.) FOR proper determination of the issue in question, reproduction of contents of the application, in toto, would be fruitful. It reads thus:
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