1. This application filed under Section 311 of the Code of Criminal Procedure ('Cr.P.C.' for short) by the State is an attempt to recall the witness, PW-10 Dr. Shashikant Dhoble, the Medical Officer, who conducted postmortem examination of the deceased and opined that the cause of death of the deceased was cut throat injury, made with a great delay backdropping it as a memory of material misses of prosecution haunting the prosecution case. Not saying anything more than just pointing out that the application has been filed after the case initiated for confirmation of the capital punishment awarded to the accused and the criminal appeal filed against the conviction and sentence by the accused have been heard fully and the judgment reserved. The accused has been found guilty of committing the murder of his own mother in the morning of 20/04/2016 in his house at Chandrapur.

2. It is submitted by Shri Jawade, learned Additional Public Prosecutor, and we appreciate that notwithstanding the inordinate delay, these submissions are in the nature of an ardent and sincere effort to secure the ends of justice from the view point of the prosecution, that failure of Medical Officer, PW1