CHIMAN SINGH SULTANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE Second Additional Sessions Judge, Morena, convicted the eight accused appellants under Section 302 read with Section 149 of the Indian Penal Code and sentenced them each to life imprisonment. Against their conviction and sentences, the accused have filed this appeal.

(2.) BEFORE beginning arguments on the merits of the case, Mr. Anand, learned counsel for the appellants submitted that the trial court refused to summon the material evidence of the defence and requested that that evidence should either be recorded here or the case be sent back to the trial court for recording that evidence and giving the judgment afresh after considering that evidence.

(3.) IT appears from the record that while the defence evidence was being recorded, the counsel of the accused submitted an application on 7-3-59 requesting the court that Gyasiram and Radha Raman teachers of a village School, and the Station Master of the Jora Railway Station be summoned and examined in the case as defence witnesses. The trial court dismissed this application on the ground that the names of these witnesses were not included in the list of persons whom the accused wanted to summon as defence witnesses according to Section 211 of the Criminal Procedure Code. Thereafter it appears that the accused presented an application under Section 540 of the Criminal Procedure Code for the examination of these persons as Court-witnesses. This application was also rejected summarily.