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2024 Supreme(All) 29

JYOTSNA SHARMA
Anupam Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nadeem Murtaza.
For the Respondents: Kailash Chandra, Mayank Pandey.

JUDGMENT :

JYOTSNA SHARMA, J.

1. Heard Sri Nadeem Murtaza, learned counsel for the revisionist and Ms. Charu Singh, learned AGA for the State.

2. This revision has been filed by the revisionist challenging the order dated 03.08.2018 passed by the Additional District and Sessions Judge, FTC-II, Ambedkar Nagar in Session Trial No. 102 of 2012 (State vs. Anupam Singh) arising out of case crime no. 475 of 2011 under section 302 IPC, whereby the permission to examine 5 defence witnesses, was refused.

3. Relevant facts are as below:

    The revisionist accused is facing trial in S.T. No. 102 of 2012 under section 302 IPC. During the trial an application on his behalf dated 02.06.2018 was moved with the submissions in brief that the inquest was done in presence of 5 public witnesses and they have been named as prosecution witnesses. The aforesaid 5 prosecution witnesses have not been produced by the prosecution, therefore at least one of them may be summoned and examined as court witness. The aforesaid application was rejected by order dated 27.06.2018 by the trial court. After recording all the statements under section 313 Cr.P.C. the accused moved another application with a request that the witn

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