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2003 Supreme(Sikk) 13

N.S.SINGH
NAR BAHADUR BHANDARI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
BHASKAR RAJ PRADHAN, J.C.GHOSH, K.T.Bhutia


N. S. SINGH, J.

( 1 ) THE order dated 24th June, 2003 passed by the learned Special Judge, p. C. Act (E and N), Sikkim at Gangtok in criminal Case No. 7 of 1997 by which the application filed by the accused, the petitioner herein for examination of one cited witness of the prosecution, namely Mr. T. L. Brahmin as Court witness was rejected, is the subject-matter under challenge in this revision-petition.

( 2 ) ACCORDING to the present accused-petitioner, the prosecution without making any effort to bring evidence in the Court prayed for dropping the cited witness, namely Mr. T. L. Brahmin by casting most improper allegation of winning over of the said witness by the accused-petitioner. It is also the case of the accused-petitioner that on 2nd December, 2002, he made an application to call/summon the said Mr. T. L. Brahmin as witness for the ends of justice before examination of the Investigating Officer and the said petition was not heard and disposed of and over and above this, the accused-petitioner approached the Court below with another application for summoning and excourt witness whose name stands as witness No. 68 in the charge-sheet before the examination of the Investigatin









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