JAGDISH PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order dated 20th Feb., 1996, passed by the Addl. Sessions Judge, Khetri in Sessions Case No. 40/1993, whereby he refused to grant further time to produce Dr. Nathani of SMS Hospital, Jaipur who had conducted operation on the deceased regarding whom the case was lodged by the prosecution. The learned Addl. Sessions Judge, although, had granted adjournment on two occasions for producing the concerned Doctor (Dr. Nathani) the prosecution was unable to produce him on 20th Feb., 1996, on which date the evidence was closed and, thus further time for summoning of prosecution witnesses came to an end. The said order has been challenged in this Court in this revision petition.

(2.) It has been submitted by Shri Mukesh Kumar, learned counsel for the petitioner, that although he had filed an application vide Annx.5 to this revision petition, that Dr. Nathani whould be available after 3.3.1996 as he was on deputation at Bombay, still the learned Addl. Sessions Judge refused to accommodate the prosecution for summoning the material witness in the sessions case.

(3.) Learned Pubic Prosecutor has also been heard in this regard. He has submitted that adjournment was imperative for producing the Doctor in the case and, if the Addl. Sessions Judge refused to grant further time, it would be beyond the powers of the prosecution to produce the Doctor.