Sunil Kumar Garg, J. - (1.) This revision petition has been filed by the accused petitioners against the order dated 27.8.2001 passed by the learned Additional Sessions Judge, Sri Karanpur in Sessions Case No. 3/97 whereby the learned Additional Sessions Judge rejected the application dated 21.8.2001 filed by the accused petitioners under Section 311 Cr. RC.
(2.) It arises in the following circumstances : The accused petitioners are facing trial for offence under Section 302 I.P.C. in the Court of Additional Sessions Judge, Sri Karanpur in Sessions Case No. 3/97. During the trial, statement of PW. 17 Kashi Ram, the Investigating Officer was recorded on 31.7.2001. After that statement, the learned counsel for the petitioners came to know that on two documents, namely recovery memo Ex, P/35 belonging to accused petitioner Pradeep Kumar and recovery memo Ex. P/124 belonging to accused petitioner Rajendra Kumar, PW. 17 Kashi Ram was not cross-examined and, therefore, on 21.8.2001, an application was moved under Section 311 Cr.P.C. by the accused petitioners in the trial Court with a prayer that PW. 17 Kashi Ram may be recalled for just decision of the case. That application was rejected by the trial Court on 27.8.2001.
(3.) Against the order dated 27.8.2001, this revision petition has been filed.;