(1) THIS criminal misc petition under Section 482 Cr.P.C. has been filed by petitioner -Mohammed Shafik alias Sheikh Salim aggrieved by the order dated 29/7/2009 passed by learned Additional Sessions Judge No.1, Kota. Petitioner to facing trial for offence under Sections 302 and 148 IPC. Challan against him was filed in absentia with the aid of Section 299 Cr.P.C. along with co- accused on 23/5/1997. Co-accused Mahesh, Amin, Dinesh and Gurnam Singh were convicted for offence under Section 302 read with Sections 149,147 and 148 IPC and were sentenced to life imprisonment. However, accused-petitioner was arrested in January 2007. Challan was filed against him in absentia and charge under the aforesaid offence was framed.

(2) IT was in the backdrop of the afore noted facts that Public Prosecutor filed an application under Section 299 Cr.P.C. read with Section 33 of the Evidence Act with the prayer that statements of PW3 Man Singh, PW-7 Dr.M.M. Mishra and PW10 Aijaj Hussain, whose statements were recorded during trial of the co-accused in absence of the accused petitioner herein should be read in evidence without their production before the court because they have died. IT is t