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1989 Supreme(HP) 54

BHAWANI SINGH
KEWAL GUPTA – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the appellant :Shri Vijay Pandit, Advocate. For the respondent:Shri M. S. Guleria, Assistant Advocate General.

JUDGMENT

Bhawani Singh, J.—Shri Kewal Gupta, petitioner, approaches this court through this revision petition and urges to set-aside the order of Judicial Magistrate, 1st Class (2), Nurpur, in Criminal Case No. 92/2/87, decided on 27-9-1988, whereby the trial judge allowed the application of the prosecution under section 3i 1 of the Code of Criminal Procedure.

2. The facts, in brief, are that the petitioner is being prosecuted for offences under sections 342/384/506 of the Indian Penal Code. After the framing of the charge, the Court proceeded to record the prosecution evidence. On 18-6-1988, the trial court recorded the Statement of the complainant-Shri Rakesh Kumar (PW I). While recording the statement of this witness, names of Shri Kailash Chand, S/o Shri Jagat Ram, Shri Sundir, S/O Shri Jai Chand and Shri Satish S/o Shri Tek Chand were introduced and it was stated that these persons saw the occurrence. On this revelation, the prosecution moved an application under section 311 of the Code of Criminal Procedure before the trial court for allowing it to examine these persons as prosecution witnesses. This prayer was contested by the petitioner. However, after hearing the parties, th







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