O R D E R

The petitioner herein who faces a prosecution for offence punishable under Section 306 IPC assails the order of the Sessions Court in Crl.M.P. No.144/2016 in S.C.No.1056/2008 filed under Section 311 of Cr.P.C.

2. In the course of evidence adduced by the prosecution, CW2, who was the mother of the deceased, was examined as PW6. Thereafter, an application under Section 311 Cr.P.C. was filed by the Prosecutor to recall the witness on a premise that a suicide note allegedly written by the deceased was sent for forensic examination and the Investigating Officer had recovered certain other writings in the handwriting of the deceased. Learned counsel wanted to confront PW6 with these writings. For that purpose, the witness was sought to be recalled. This was opposed by the learned counsel for the accused contending that it was intended to fill up the lacuna and the reasons stated therein was factually incorrect and it is a settled proposition that Section

311 cannot be invoked for filling up the lacuna.

3. The reasons stated in the petition was that, during the further investigation, some other writings in the handwriting of the deceased were recovered and hence the witness coul