NARU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Misc. Petition is directed against the order dated 29. 2. 2008 passed by Additional Sessions Judge (Fast Track) No. 3, head quarter Khetri District Jhunjhunu in Sessions Case No. 135/2007 (37/2007) whereby the application moved by the prosecution under Section 311 Cr. P. C. for recalling Ram Singh PW. 1 has been allowed.

(2.) THE facts in brief are that the petitioner along with the co-accused is facing trial under Sections 148, 323, 24, 325, 307 and 149 IPC. During the trial the statement of the complainant Ram Singh was recorded on 3. 1. 2008. THEreafter, an application was moved by the prosecution on 30. 1. 2008 alleging therein that the complainant Ram Singh PW. 1 during the course of his examination stated that the petitioner Naru Ram inflicted injury by opposite side of the axe but it was not recorded and, therefore, the complainant Ram Singh PW. 1 be recalled. Learned trial Court by order dated 29. 2. 2008 allowed the above application and recalled the complainant Ram Singh PW. 1 directing that the complainant would confine his statement to the extent of the petitioner Naru Ram only. Aggrieved by this order, the petitioner has filed this petition.

(3.) CONSEQUENTLY, the petition is allowed, the impugned order dated 29. 2. 2008 is set aside and the application of the prosecution to recall Ram Singh PW. 1 is dismissed. .