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2003 Supreme(Raj) 413

D.N.JOSHI
Om Prakash – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Appearance :
Sandeep Mehta, Advocate for the Appellant
R.R. Chhaparwal, Advocate Public Prosecutor and Doongar Singh, Advocate for the Respondents

JUDGMENT

D.N. Joshi, J.-Shri Omprakash Ojha through Additional Public Prosecutor submitted an application Under Section 311 of the Code of Criminal Procedure in short as ‘Cr. P.C.’ hereinafter) to summon the witnesses relating to link evidence and medical evidence. However, by the impugned order dated 18-3-2002, the learned Additional District and Sessions Judge, Bhilwara rejected the application.

Hence this petition.

2. The brief facts of the case are that charges Under Section 498-A and 304-B IPC were read over and explained to the accused Sunil Kumar, who allegedly committed dowry death by pouring kerosine on her wife deceased Poorankala on 6th July, 1997. To prove the charges, prosecution exmined 18 witnesses. P.W. 15 Kuljeet Singh, Investigating Officer was examined on 28th May, 2001. Statement of the accused was recorded Under Section 313 Cr. P.C. and three witnesses were examined in defence up to 14-2-2002. The case was posted for final arguments on 19-2-2002. Thereafter, the complainant submited an application (All74) on 25-2-2002 to summon the doctor.

3. Heard learned counsel tor the complainant-petitioner, the Public Prosecutor and the respondent No. 2.

.4. It was argued b
























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