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2013 DIGILAW 1822 (RAJ)

Babu Singh v. State of Rajasthan

2013-10-17

SANDEEP MEHTA

body2013
JUDGMENT 1. - The instant revision has been filed by the petitioners challenging the order dated 3.5.2013 passed by the learned Additional Sessions Judge, Sumerpur in Sessions Case No. 21/2011 whereby, the application filed by the accused petitioners under Section 311 Cr.P.C. for recalling the witness PW5 Madan Singh and to confront him with the Roznamcha entry was rejected. 2. After hearing the arguments advanced at the bar and after going through the order impugned as well as the testimony of Madan Singh recorded at the trial and the Roznamcha entry in reference whereto, the application was filed, it is evident that Madan Singh has denied that he went to the Police Station on the day concerned. Admittedly, Madan Singh's signatures are not available on the Roznamcha entry. In this view of the matter, it would be an exercise in futility to permit Madan Singh to be confronted with the Roznamcha entry. In any event, if at all, the accused claim any benefit on the basis of the Roznamcha entry, then the appropriate remedy would be to prove the Roznamcha entry at appropriate stage i.e. the stage of defence. 3. In this view of the matter, there is no force in the revision and the same is hereby rejected. Stay petition is also rejected.Petition dismissed. *******