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2008 Supreme(Bom) 589

A.P.LAVANDE
RANJANA s/o SUBHASH DAHIW ALE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates appeared:
For applicant: E.W Nawab
For respondent: Jichkar, A.P.P.

JUDGMENT:-

Heard Shri Nawab, learned counsel for applicant and Shri Jichkar, learned A.P.P. for the respondent.

2. Rule. By consent of parties heard forthwith.

3. By this application under section 482 of Code of Criminal Procedure, the applicant who is accused in Sessions Trial No. 409/98 before the Additional Sessions Judge, Nagpur takes exception to order dated 7-2-2008 by which the application filed by the applicant for recalling of witness, Head Constable, Rajesli Gautam, PW-8, has been rejected by the trial Court.

4. The applicant is facing trial, under section 302 of Indian Penal Code before the trial Court. It is the case of the applicant that he did not put certain contradictions and omissions to PW-8 Rajesh Gautam, whose evidence was recorded since his counsel believed that the statements of P.W.I, P.W.2 and P.W.3 were recorded by P.S.I. Shri S.T. Patil who was not examined in the said case. The applicant, therefore, moved above application under section 311 of the Code of Criminal Procedure for recalling of P.W.8 Rajesh Gautam, only for a limited purpose of putting contradictions and omissions vis-a-vis statements of P.W.1, P.W.2 and P.W.3. The trial Court has rejected this









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