MAHAVEER PRASAD Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 Crimial P.C. praying that the order dated 9th May, 2007 passed by Additional Sessions Judge (Fast Track) No. 2, Sikar Camp Sri Madhopur in Sessions Case No. 14/2006 titled as State Vs. Tarachand whereby application filed by the petitioner under Sec. 311 Cr.PC. for re-examination was dismissed, be set aside.

(2.) Petitioner is an injured eye-witness of the murder case. On the statement of the petitioner, case F.I.R. No. 47/2006 was registered at P.S. Khandela, District Sikar. Above said F.I.R. was investigated and a report under Sec. 173 Cr.PC. was submitted. The case was committed to the court of Sessions and was entrusted for trial to the court of Additional Sessions Judge (Fast Track) No. 2, Sikar Camp Sri Madhopur.

(3.) Accused was charged for offence of murder. On the date fixed for examination of the petitioner as prosecution witness, he appeared in the court and turned hostile.