Manindra Mohan Shrivastava, J.

Heard.

This revision arises out of order dated 29.12.2016 passed in Sessions Trial No.70 of 2016 by the First Additional Sessions Judge, Durg whereby applicant's (accused) application under Section 311 of the Code of Criminal Procedure has been rejected.

2. The accused is being tried for commission of offence under Section 302 of IPC. The prosecution, on various dates, examined number of prosecution witnesses. However, on 26.12.2016, the applicant moved an application under Section 311 Cr.P.C. praying for recall of Chandra Bhushan Tandon (PW1), Rahul Tandon (PW2) and Dr. A.K. Nagdeo (PW12). In the application (Annexure A/2), it was stated that on some important points there was lapse by the earlier counsel while cross examining Chandra Bhushan Tandon (PW1) and Rahul Tandon (PW2), therefore, the two witnesses may be recalled for examination.

3. In so far as A.K. Nagdeo (PW12) is concerned, it was stated in the application that the doctor has been examined only in respect of a part of the postmortem report. Though the report is in detail with regard to presence of injuries examination of internal parts like heart, liver, vagina and intestine etc., th