MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS misc. petition has been filed by the accused petitioners against the order dated 6. 2. 2002 passed by the learned Additional Sessions Judge No. 2, Hanumangarh in Sessions case No. 41/2000 by which he closed the defence evidence.

(2.) IT arises in the following circumstances: In respect of FIR No. 221/2000 of the Police Station, Tibi, Distt. Hanumangarh, a challan was filed for offence under Section 302 IPC against the accused petitioner Prithvi Raj. Thereafter the prosecution filed an application under Section 319 Cr. P. C. and that application was accepted and the petitioner No. 1 Mahendra Singh and Petitioner No. 2 Surjeet Singh were further added as accused.

(3.) FROM the order-sheet dated 6. 2. 2002, it appears that no witness in defence was produced and since the witnesses were to be produced by the defence themselves and they were not produced and many opportunities had been given to the defence to produce them, in these circumstances, prayer for summoning the rest defence witnesses was refused and defence evidence was closed.