RAMKARAN FAGEDIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal Misc. petition under Sec. 482 Cr.P.C. has been filed by accused petitioners feeling aggrieved by the order dtd. 1/8/2022 passed in Sessions Case No. 1/2020 (State Vs. Ramkaran and Ors.) by the Court of Additional Sessions Judge No. 1, Jhunjhunu allowing the application of prosecution filed under Sec. 311 Cr.P.C. to recall prosecution witnesses PW-4 Dilip Kumar and PW-5 Azad Khan and further dismissing petitioners' application dtd. 8/9/2021 to separate the trial of their Sessions Case No. 1/2020 from the trial of Sessions Case No. 33/2021 (State Vs. Kishan Fagediya).

(2.) Relevant facts of the case in brief are that on the complaint lodged by non-petitioner No. 2-complainant Buti Ram in respect of murder of his son Manoj Kumar, an FIR No. 343/2019 was registered on 1/8/2019 at Police Station Kotwali, Jhunjhunu for offence under Sec. 302 IPC.

(3.) During course of investigation, both petitioners were arrested and after completing the investigation against them, charge-sheet No. 261/2019 dtd. 20/10/2019 was filed against petitioners for offence under Ss. 323, 365, 302, 201 and 34 IPC. Sessions Case No. 1/2020 has been registered and charges for such offences have been framed against both petitioners. The prosecution has examined as many as eight witnesses, PW-4 Dilip Kumar was examined on 10/2/2020 and PW-5 Azad Khan was examined on 2/3/2020, both turned hostile against petitioners.