PRAHLAD Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the accused non-petitioners.

(2.) A sessions case instituted on complaint filed by the petitioner is pending trial against accused persons in the Court of Additional Sessions Judge (Fast Track) No. 1, Jhunjhunu. During trial the petitioner moved an application under Sec. 311 Cr.RC. wherein he made a request to call and examine Bhagwana Ram Patwari and Bheru Singh Girdawar. This application was opposed by the accused persons. Having heard both the parties, the learned Additional Sessions Judge rejected the application of the petitioner vide impugned order dated June 4, 2003. Feeling aggrieved by this order, the petitioner has moved this revision petition.

(3.) The application of the petitioner was rejected by Addl. Sessions Judge on the grounds that Bhagwana Ram had already been examined in cross case No. 41/2001 State Vs. Hanuman & Others as PW 20 and certified copy of the statement is on the file of this case. Apart from that, certified copies r Jamabandhi and Khasra Girdwari are on the file and these documents have been got executed by the prosecution.