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1984 Supreme(Raj) 145

K.S.LODHA
Umed Singh – Appellant
Versus
Devi Singh – Respondent


Advocates Appeared:
R.R. Nagori, for Petitioners; S.R. Singhi, for Non-petitioners

K.S. LODHA, J.—This revision has been filed by the complainants Umed Singh, Mohan Singh and Madho Singh against the order of the learned Addl. Sessions Judge No. 2, Jodhpur, rejecting the application of the Public Prosecutor for additional evidence u/s 311 Cr.P C.

2. The accused-non petitioners are facing trial for offences u/ss 307, 323 I.P.C. and u/s 25 of the Arms Act. The case of the prosecution briefly stated is that the accused persons on account of a quarrel in respect of a bada attacked the complainant party with swords. Devi Singh is alleged to have given a sword blow on the hand of Madho Singh and the other accused persons are said to have given sword blow to other complainants. The injured Madho Singh was admitted to the Millitary Hospital and the other injured persons were taken to the Mahatma Gandhi Hospital, Jodhpur. The evidence of the prosecution had come to an end and the accused persons have also already been examined and their defence evidence was also over. At that stage, the learned Public Prosecutor moved an application u/s 311 Cr. P. C. on 16.8.83 requesting the court to call the Doctor of the Military Hospital who admitted Mohan Singh and treated him there al








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