Honble PANWAR, J.–By this petition under Section 482 Cr. P.C. accused petitioner challenged the order dated 4.4.2001 passed by the learned District and Sessions Judge, Jaisalmer, in Sessions Case No. 36/99 whereby the application filed by the learned Additional Public Prosecutor for summoning the Tehsildar, Pokaran as prosecution witness was allowed and Tehsildar Pokaran was summoned as prosecution witness.

(2). Briefly stated the facts which are necessary to dispose of this petition are that the accused petitioner is facing trial before the learned Trial Court for the offence under Sections 302, 394, 323/34 and 324 I.P.C.

(3). After investigation, police laid challan against the petitioner and prosecution examined prosecution witnesses. The case of the prosecution is that on 14.2.99 injured Murli Manohar was admitted to Pokaran Hospital and his statement was recorded by the Tehsildar, Pokaran. Subsequently, injured Murli Manohar succumbed to injuries sustained on 14.2.99 in the hands of the accused petitioner. The copy of the statement was supplied to the accused petitioner along with the charge sheet but due to inadvertance Tehsildar Pokaran was not cited as witness in the calend

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