HEERALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under S. 482, Cr. P.C. is directed agianst the orders dated 21-3-1997 3-4-1997 and 5-4-1997 passed by the learned Additional Sessions Judge No. 3, Jodhpur whereby the learned Addl. Sessions Judge disposed of the three applications moved by the petitioner under S. 311, Cr. P.C.

(2.) At the very outset, we may observe that normally, the petitioner was required to file three separate petitions against each of the above orders. The petitioner was, therefore, not justified in filing this petition against three orders passed on different dates by the learned Addl. Sessions Judge as aforesaid. However, since this matter pertains to a murder reference pending before this Hon'ble Court, we deem it proper to dispose it of on merits.

(3.) The brief facts leading to this petition are that while dealing with murder reference No. 1 of 1996 as also Criminal Appeals Nos. 407 and 418 of 1996 filed by the accused appellants against the judgment of the learned Addl. Sessions Judge No. 3, Jodhpur in sessions case No. 15 of 1996, this Court vide its order dated 7-8-1996 observed that there are certain points on which enquiry was required. Therefore, the matter was remanded to the learned trial Court. In pursuance of the above direction of this Court, the learned Addl. Sessions Judge exhibited material articles as also the report of the Forensic Science Laboratory and recalled PW-1 Heeralal and PW-22 Karansingh and discharged them after cross-examination.