- (1.)Petitioner is the original accused. He is facing charge of offence punishable under section 302 of the Indian Penal Code. During trial, prosecution filed application Ex.84 and sought permission to examine 5 additional witnesses who have not been named in the chargesheet.
(2.)With respect to witness Nos.1 to 3, viz., Ajit Agrawal, Pratikumar Shah and Rajubhai Chandubhai Gohil, except stating that though they are not named in the chargesheet, they are important witnesses, no further support is to be found. In so far as witness Nos.4 and 5, viz. Bhautik Pathak, Officer of FSL, Vadodara and Prashant Gupta, Medical Officer, Health Center, Nasvadi are concerned, there is detailed reference in the application Ex.84. With respect to the officer of FSL, it is stated that he was called at the scene of offence and his opinion was obtained for sending certain articles for analysis by the Laboratory. With respect to the Medical Officer, it is stated that the accused was referred to the Medical Center, Naswadi and Dr.Prashant Gupta had treated him there. His evidence is therefore important.
(3.)Having heard the learned advocates appearing for the parties, I find that in so far as witness Nos.4 and 5, in application Ex.84 are concerned, the same gave sufficient reasons for summoning them as additional witnesses. The learned Sessions Judge also recorded reasons for granting such permission. No interference is therefore called for in these cases.