VIMAL PRAKASH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the accused petitioner on 24.4.2004 against the Order dated 29.3.2004 passed by the learned Additional Sessions Judge, Sangaria, District Sri Ganganagar by which he rejected the application filed under Sec. 311 Crimial P.C. dated 17.3.2004 for recalling P W5 Krishna Devi, Mother of the deceased, in Sessions Case No.2/2003 for the offences under Sections 498A and 304B I.P.C.

(2.) It may be stated here that the accused petitioner was facing trial in the said Court for the aforesaid offences and the case was posted for recording the evidence of prosecution on 3.1.2004. On that day, an application was filed on behalf of the accused petitioner that he had left his counsel Shri Hemraj Godara, Advocate and since he wanted to engage a new counsel, therefore, case be adjourned.

(3.) That despite that application, no order was passed on that application and statement of PW5 Smt.Krishna Devi was recorded.