1975 Supreme(J&K) 74
A.S.ANAND
Dharam Singh – Appellant
Versus
State – Respondent
Advocates Appeared:
Advocate For Appellant: I.K. Kotwal
Advocate For Respondent:Additional Advocate General
1. The facts giving rise to this criminal revision petition are that a case titled State Vs. Dharam Singh and others for offences under sections 302/307/326/447/148/149 R. P. C. is pending trial in the Court of the learned Sessions Judge, Jammu. In the calendar of witnesses, the prosecution had cited two witnesses, Janak Singh and Jagdev Singh besides other witnesses. While the evidence in the case was being recorded, on 16-5-1975, an application was moved by the accused-petitioners before the learned Sessions Judge stating therein that Jagdev Singh and Janak Singh have been given up by the prosecution "today" and that these two witnesses were the only dis-interested and independent witnesses and had reached the spot immediately after the occurrence. It was further stated that these witnesses were in a position to throw a flood of light on the facts and circumstances of the case, since they knew not only the facts as alleged by the prosecution but their knowledge of facts covered fairly large range of prosecution story. On the above basis the prayer made, by the accused-petitioners in the application, was that prosecution be directed to produce them for enabling the defence to cro
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