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1996 Supreme(P&H) 481

SWATANTER KUMAR
Budh Ram – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. This revision petition is directed against the order of the learned Additional Sessions Judge, Patiala, dated 21-7-1995 whereby he allowed recalling of PW Gurdeep Singh and permitted his further statement to be recorded. The statement of the said witness has not been recorded in view of the stay granted by this Court.

2. The facts as emerge from the records are that the petitioner and respondents No. 2 to 6 in this petition, were facing a trial under Sections 460, 302 read with Section 34 I.P.C. under F.I.R. No. 107 dated 14-8-1991. The prosecution evidence was in progress and the statement of PW Gurdeep Singh was recorded on 9-5-1995. Ultimately, prosecution evidence was closed on 10-7-1995. Thereafter the accused were put into witness box for recording their a statements under Section 313 of Criminal Procedure Code, hereinafter referred to as the Code, on 11th, 12th and 14th of July, 1995, respectively. The prosecution then filed application on 14-7-1995 praying that Gurdeep Singh may be recalled for further examination in the interest of justice. The learned trial Court vide the impugned order allowed the stay application and permitted the recalling of Gurdeep Singh f










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