JUDGMENT - PATIL NARESH H., J.:-Heard Shri. R.N. Dhorde, learned Counsel appearing for the petitioners and Shri. D.V. Tele, learned Additional Public Prosecutor for the respondent State.

2. Rule. Rule made returnable forthwith. By consent of the parties the matter is taken up for hearing and final disposal.

3. The petitioners are accused in Sessions Case No. 29 of 1998. They are facing charge under sections 302, 306, 498-A read with section 34 of the Indian Penal Code. The prosecution alleges that the petitioner No. 1 was married to deceased Lalita. On 18-9-1997 the deceased died due to consumption of poison. First Information Report was registered on 19-9-1997 at Crime No. 255/1997 and the charge-sheet was filed on 16-12-1997. The prosecution led its evidence. The last prosection witness was examined on 3rd January, 2004 and a purshis was passed by the prosecution of closure of its evidence.

4. The petitioners submitted an application on 3rd January, 2004 for summoning three witnesses whose statements were recorded by police under section 161 of the Code of Criminal Procedure. They are (1) Ananda Sakharam Falke, (2) Raju Vijay Gaikwad and (3) Kacharu Kondiba Rakshe.

5. In the said app

Click Here to Read the rest of this document