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2014 Supreme(Raj) 1967

SANDEEP MEHTA
Dara Ram @ Dara Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:M.K. Garg, Advocate.
For the Respondent No. 1 State: V.S. Rajpurohit, Public Prosecutor.

JUDGMENT

1. - Heard learned Counsel for the parties.

2. The Instant Miscellaneous Petition has been preferred by the petitioner accused against the Orders dated 17.12.2013 and 18.12.2013 passed by the learned Additional Sessions Judge, Suratgarh in Sessions Case No. 25/2012 whereby, the prayer made by the accused for summoning defence witnesses was dismissed.

3. The petitioner is facing trial before the Trial Court for the offences under sections 363, 366A and 376 I.P.C. Prosecution evidence was closed on 22.11.2013. The posted for recording defence evidence. On the date fixed for recording the defence evidence, i,e. 7.12.2013, a verbal prayer was made on behalf of the accused to summon certain witnesses in defence. The Trial Court fixed a slot of 3 days between 16th to 18.12.2013 and instructed the defence to complete its evidence during the said period. On 17th December, an application was filed op behalf of the petitioner to summon certain witnesses in defence, the Trial Court rejected the application by the Order dated 17.12.2013 and closed the defence evidence on 28.12.2013. Hence, this petition.

4. Shri Garg, learned Counsel for the petitioner, submitted that the Trial Court act








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