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2002 Supreme(Ker) 333

N.KRISHNAN NAIR
Dharmarajan – Appellant
Versus
The State – Respondent


Judgment :-

N. Krishnan Nair, J.

This revision is directed against the order dated 16.5.2002 of the Additional Sessions Judge, Kottayam in S.C. 241/2001.

2. The facts necessary for the disposal of this revision may be stated as follows : The petitioner is the accused in S.C. 241/2001 (popularly known as Suryanelli case) on the file of the Additional Sessions Judge Kottayam. He is charged with the offences punishable under Sec. 120(B), 363, 366(A) 368, 332, 373, 376, 376(2)(g), 392 read with Sections 109 and 34 of the Indian Penal Code. After the close of the prosecution evidence, the petitioner submitted a list of 45 witnesses for the defence. The court below by the impugned order allowed him to examine 12 witnesses out of the 45 witnesses and refused permission to examine the remaining 33 witnesses. Aggrieved by the refusal of the court below to permit him to examine all the persons mentioned in the witness schedule, the petitioner has come up with this revision.

3. Heard the counsel for the petitioner and also the Director General of Prosecution. The learned counsel for the petitioner submitted that the order of the court below is clearly illegal and cannot be sustained either in l







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