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1997 Supreme(All) 41

D.C.SRIVASTAVA
YOGENDRA SINGH – Appellant
Versus
STATE OF U P – Respondent


D. C. SRIVASTAVA, J.

This petition under Section 482 Cr. P. C. has been filed by Yogendra Singh, informant of the F. I. R. out of which Sessions Trial Numbers 388 of 1990 and 388-A of 1990 State v. Onkar and others and State v. Amroj respectively proceeded. It was a case of double murder in which Mahi Chand and Kamal Singh were done to death and six persons sustained injuries. The trial proceeded. Statements of prosecution wit nesses were recorded and the trial reached the stage of recording statements of the ac cused under Section 313 Cr. P. C. on that date Amroj, one of the accused, absconded. Consequently his case was separated and separate sessions Trial No. 388-A of 1990 was given. Other accused were tried in S. T. No. 388 of 1990 and they were ultimately acquitted. Subsequently Amroj appeared and his trial began. It was not a case of de novo trial. On the other hand only state ment of Amroj he was to be recorded and thereafter if he desired to adduce defence evidence the same should have been ac cepted and recorded and after hearing argu ments judgment was to be delivered. How ever, an application was moved on 1- 2-1996 by the Prosecutor requesting that Kalendra, who is an in












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