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1991 Supreme(MP) 386

K.L.ISSRANI
NATHIBAI – Appellant
Versus
BHURA – Respondent


Advocates Appeared:
B.M.Dwivedi, H.S.DUBEY, S.L.Kochar

K. L. ISSRANI, J.

( 1 ) THE present revision petition is against the order dated 17. 7. 1989, passed by the Sessions Judge, Panna, in S. T. No. 70/89 acquitting the non-appellant No. 1 because of the non attendance of the remaining prosecution witnesses.

( 2 ) THE brief facts are that the police of police- station Devendranagar filed a challan against the non-applicant No. 1 on the basis of complaint lodged by the applicant under Section 376, Indian Penal Code. The trial programme was submitted by the prosecution. The trial was fixed for prosecution evidence on 7. 3. 1989 to 9. 3. 1989. On 7. 3. 1989 since the Presiding Officer was on leave, therefore, the trial was adjourned to 2. 5. 1989 to 4. 5. 1989. On 2. 5. 1989 because of non-issuance of summons the trial was again adjourned and fixed for 22. 6. 1989, 23. 6. 1989 and 24. 6. 1988. On 22. 6. 1989 prosecutrix Nathibai was examined. On 23. 6. 1989 the prosecution witnesses. Ku. Adli, Sahodrabai, Sheopratap Singh Constable, Harilal and one Gopal Prasad were examined and cross-examined. On 24. 6. 1989, Dr. D. C. Mahadik and Babulal Patwari were examined and cross-examined. One witness Ramkhilavan was given up by the prosecution. P










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