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2021 Supreme(Bom) 173

ROHIT B.DEO
Jaideo – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sumedh Kadam.
For the Respondent: V.A. Thakare.

JUDGMENT :

ROHIT B. DEO, J.

1. With consent the application is finally heard at the admission stage.

2. Inherent power under section 482 of the Code of Criminal Procedure (Code) is invoked to assail the order dated 07.12.2020 rendered by the Sessions Judge, Gadchiroli in Sessions Trial 42 of 2020 whereby the application (Exh.53) preferred by the applicant herein under Section 311 of the Code seeking recall of witnesses, is rejected.

3. The applicant - who shall be referred to as the accused hereinafter - is facing trial under Section 302 of the Indian Penal Code on the charge of having murder his wife by setting her afire.

4. The accused was provided with legal aid since he did not have means to engage private lawyer.

5. The prosecution examined Mr. Manu Ranjan Mandal PW-1 on 31.08.2200, Mr. Devendra Biswas PW-2 on 22.09.2020, Mr. Balram Rai PW-3 on 22.09.2020, Mr. Gautam Bose PW-4 on 22.09.2020, Laxmi Biswas PW-5 on 01.10.2020, Anima Sajal PW-6 on 01.10.2020, Avinash Bodalkar PW-7 on 13.10.2020, Mr. Jitendra Gadewar PW-8 on 23.10.2020, Avinash Mandal PW-9 on 23.10.2020, Mr. Rajkumar Cinchekar PW-10 on 02.11.2020, Pushpa Kachode PW-11 on 10.11.2020, Digambar Dugane PW-13 on 04.12.2020, A

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