S.K. Gangele, J.

1. Applicants by Shri Rajiv Sharma, Advocate.

Respondent/State by Shri D.R. Sihare, P.P.

2. Applicants have filed this application against the order dated 6-2-2009, passed by IInd Additional Sessions Judge, Bhind in ST No. 127/2008. By the aforesaid order, the trial Court rejected the application of the applicant accused persons for summoning defence witnesses along with record.

3. Applicants along with other persons have been facing trial under sections 302, 147, 148 and 149 of Indian Penal Code. After closing the defence evidence, the applicants have recorded their statements. Thereafter applicant No. 1 Lalua @ Satyvan Singh filed a list for summoning Rojnamcha dated 16-9-2007 of Police Station Ajeetmal District Oraiya, He further stated that he would produce the rest of the witnesses on his own. Applicant Harnath Singh also filed a list of the defence witnesses whom he wanted to produce in his support, in the aforesaid list the name of five witnesses have been mentioned.

4. Learned Counsel for the applicants/accused persons prayed before the Court that the aforesaid witnesses be summoned through the Court that application has been rejected by the trial Court on