SHARAD DHAKAR Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of two applications filed by the learned Public Prosecutor and one application dated 3-12-1996 filed on behalf of accused-appellant Sharad Dhakar U/s 391, Cr.P.C. for taking further evidence in these appeals.

(2.) THE learned Public Prosecutor has prayed that the daily diary entries Nos. 1745/ dated 24-2-1994, 1861 and 1866/dated 26-2-94, 37/dated 1-6-94, 1527/dated 22-7-1994 and 1996/dated 31-8-1994 and entries in Malkhana Register dated 1-6-1994, 22-7-1994 and 31-8-1994 of Police Station, Sodala, the order of the Superintendent of Police, Jaipur City, Jaipur dated 16-3-1996, daily diary entries Nos. 638/dated 8-7-1994, 957/dated 12-7-1994 and entry dated 13-7-94 of Malkhana Register of Police Station Manak Chowk, Receipt of Malkhana articles dated 22-7-1994, daily diary entries Nos. 1497 and 1525/dated 18-7-94 and Malkhana Register entries of PS Shastri Nagar, daily diary entries Nos. 1016 and 1032 dated 17-8-1994, and entries of Malkhana Register dated 25-7-94 of Police Station Sodala be taken on record. He has further prayed that as many as nine witnesses be examined to prove the afore-mentioned documents for deciding these appeals effectively and for reaching at the correct conclusion about guilt or innocence of the accused appellants.

(3.) SHRI S.R. Bajwa, Sr. Advocate, learned counsel for appellant Manish Dixit has stoutly opposed the applications filed by the State on the ground that the prosecution should not be allowed to fill up the gaps as the same will cause serious prejudice to his client.