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1963 Supreme(Bom) 7

M.G.CHITALE
SOHANLAL PAHLADRAI VAlD – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT-This is a revision application by the accused against the order passed by the learned Judicial Magistrate, F. C., Jalgaon, which is confirmed by the learned Sessions Judge, Jalgaon, rejecting their prayer for a summons for production of earlier statements of some of the prosecution witnesses.

2. The relevant facts are as follows: Accused Nos. 1 and 2 are the proprietors of "Sohanlal Pahaladrai Solvent Extraction Plant, Jalgaon," and accused No.3 is the Manager of the said plant. On March 17, 1961, there was an explosion in the said plant and 23 employees died and eight more employees sustained injuries. The State Government appointed a Commission of Inquiry under the Commissions of Inquiry Act, 1952, to inquire, among of the Uunga, into the cause of the said explosion. This Commission was appointed in April 1962. The Commission recorded the evidence of several persons. After the inquiry a charge-sheet was submitted against the present accused under sections 286, 287 and 304 of the Indian Penal Code. This charge-sheet was submitted in May 1962. Many of the persons, who gave evidence before the Commission, are cited as prosecution witnesses. During the course of the trial th















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