- (1.) This revision has been directed against the order dated 14-8-2001, passed by Addl. Sessions Judge, Court No. 5, Muzaffar Nagar, in S.T. No. 1304 of 1998, rejecting the applications (paper No. 117B and 126 B) of the applicants for recall of PWs Amar Pal, Yash Pal Singh, Chand Vir and Lokendra for re-examination.
(2.) The facts giving rise to this revision are that the applicants are facing trial in S.T. No.1304 of 1998 under Ss. 147, 148, 149, 307 and 302 I.P.C. relating to P.S. Sitawa, District Muzaffarnagar. During trial the prosecution examined Amar Pal, Chandvir, Yashpal and Lokendra as witnesses. Those witnesses were fully cross-examined on behalf of the applicants. Thereafter some other witnesses were examined and the case was listed for arguments. At the stage of arguments the applicants moved applications paper No. 117B and 126 B for recalling the above witnesses on the ground that they had filed affidavit that they gave wrong evidence and the applicant Udaivir was in Bareilly jail on the date of occurrence, therefore, their testimony was incorrect and materially different from what they had given at the trial.
(3.) The trial Court on considering the facts and circumstances of the case and the grounds for recalling the witnesses found that the application had no force in view of the Division Bench decision of this Court in Tahir v. State of U.P. (2000) 40 All Cri C 311 : (2000 All LJ 416) and accordingly, dismissed the application.;