- (1.) V. K. Chaturvedi, J. Heard Shri Sushil Shukla learned Counsel for the ap plicants and the learned AGA.
(2.) THIS application under Section 482, Crpc has been filed by the applicants with a prayer that the order passed by VIII Additional Sessions Judge, Kanpur Dehat in ST No. 375/98, State v. Ayshan and others, under Sections 498-A, 304-B, IPC P. S. Bilhaur dated 23-5-2000 be quashed and the trial Court be directed to examine the witness Gaya Prasad under Section 311,crpc. Applicants are facing the trial in ST No. 375 of 1998 under Sections 304-B, 498-A, IPC before the VIIIth Additional Session Judge, Kanpur Dehat in respect of an incident dated 12-6-98, regarding which First Information Report was lodged by one Ishtiyaq, uncle of the deceased. In the charge-sheet Gaya Prasad has been shown as a witness at serial No. 4. He has categori cally stated in his statement under Section 161, Crpc that he reached the place where the deceased was lying soon after catching fire. This witness has also informed the parents of the deceased and with his help the investigation officer said to have prepared the site plan. He has also stated that alleged dying declaration was in fact tutored by the mother of the deceased at the hospital and as such he is most material witness and even then the trial Court has rejected the application and summon him as a Court witness and if he is not sum moned then a great injustice will be caused to the applicants. After hearing the learned Counsel for the parties and perusing the record, this petition is finally disposed of with the direction that VIIIth Additional Sessions Judge, Kanpur Dehat is directed to sum mon Gaya Prasad s/o Chhotey Lal as Court witness and shall record his statement.
(3.) WITH the aforesaid direction the petition is finally disposed of. Petition disposed of. .;