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1999 Supreme(Guj) 224

H.R.SHELAT
STATE OF GUJARAT – Appellant
Versus
GAURANG MATHURBHAI LEUVA – Respondent


Advocates Appeared: B.R.Gajjar, J.B.PARDIWALA

H. R. SHELAT, J.

( 1 ) BEING aggrieved by the order dated 1/03/1999, passed by the learned Additional Sessions Judge at Gandhinagar, exhibiting the document overruling the objection raised by the prosecution, while recording the evidence of Manojkumar Chhanabhai Kapadia (Ex. 28) in Sessions Case No. 27 of 1998 on his file, the present revision application is filed. Necessary facts, in order to appreciate the rival contentions, may in brief be stated.

( 2 ) PERTAINING to the charge of the offences under Secs. 498a and 306, Indian penal Code framed, when evidence in Sessions Case No. 27 of 1998 was being recorded by the Additional Sessions Judge at Gandhinagar, the learned Advocate for the respondents who are the accused in that Sessions Case, asked certain questions in the cross-examination of the aforesaid witness and got the letters written by the victim Anjuben admitted and exhibited. At that time, the learned special Public Prosecutor, Shri Patel objected against admission of the documents giving exhibit submitting that he wanted to re-examine the witness putting the questions which could be asked in the cross-examination getting him declared hostile, and so long as his such re-e













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