OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Shri Omprakash Ojha through Additional Public Prosecutor submitted an application u/s. 311 of the Code of Criminal Procedure in short as 'Cr. P.C.' hereinafter) to summon the witnesses relating to link evidence and medical evidence. However, by the impugned order dated 18-3-2002, the learned Additional District and Sessions Judge, Bhilwara rejected the application. Hence this petition.

(2.) The brief facts of the case are that charges u/s. 498-A and 304-B IPC were read over and explained to the accused Sunil Kumar, who allegedly committed dowry death by pouring kerosine on her wife deceased Poorankala on 6/07/1997. To prove the charges, prosecution exmined 18 witnesses. P.W. 15 Kuljeet Singh, Investigating Officer was examined on 28/05/2001. Statement of the accused was recorded u/s. 313 Cr. P.C. and three witnesses were examined in defence up to 14-2-2002. The case was posted for final arguments on 19-2-2002. Thereafter, the complainant submited an application (A/174) on 25-2-2002 to summon the doctor.

(3.) Heard learned counsel for the complainant-petitioner, the Public Prosecutor and the respondent No. 2.