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2013 Supreme(Bom) 2033

ABHAY M.THIPSAY
Tukaram Limbaji Londhe – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Mr. S.S. JADHAV, Advocate for Petitioners.
Mr. P.N. MULEY, APP for Respondent.

JUDGMENT

Rule. By consent, Rule made returnable forthwith. By consent, heard finally.

2. The petitioners are the accused in S.C. No. 90/2011 pending before the Court of Sessions, at Ambajogai. In the course of trial, one Balasaheb Yadav, Medical Superintendent attached to Gramin Hospital, Dharur came to be examined as the Prosecution Witness no.3. However, on that day, the learned advocate for the accused persons submitted that he was not in a position to cross examine the said witness. The learned Additional Sessions Judge, Ambajogai who is holding the trial, therefore, discharged the witness by observing that he was professional medical practitioner. This happened on 23.10.2012. Thereafter, the petitioners made an application for recalling of the said witness for cross examination and the learned Additional Sessions Judge, Ambajogai allowed the same on directing the accused persons to deposit an amount of Rs.500/- towards the costs of the travelling expenses etc. to be paid to the said witness. Accordingly, the witness who was recalled, actually came before the court on 10.4.2013. But this time also, the advocates for the accused persons applied for an adjournment. The learned Add












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