JUDGMENT

Petitioners are accused 1, 3 and 4 respectively in S.C. No.

353 of 2015 pending before the Assistant Sessions Court, Kannur. They along with two others face allegations under Sections 143 , 147, 148, 452, 326, 427, 308, 395 read with Section 149 of the IPC and Sections 3 and 5 of the Explosive Substances Act .

2. Now the trial of the case is in progress. At that time, the Additional Public Prosecutor who is conducting the case filed Ext.P2 application purportedly under Section 311 of the Cr.P.C for recalling PW2 who was examined on 20.11.2019 for the purpose of identifying the weapon of offence. Going by Ext.P2, CW2 was examined as PW2 on 20.11.2019; he is the injured in the case. At that time the weapons used by the accused were not produced in Court and prosecution could not mark the same. According to the Prosecutor now the said weapons have been produced in Court by the Investigating Officer and therefore PW2 was sought to be recalled for the purpose of marking the same. Such an application was moved on 18.01.2020. Petitioners filed their objection.

According to them, the alleged incident had happened on 07.06.2009 and the scene mahazar was prepared on 08.06.2009. By t