It may be numbered that some of the persons who were allegedly involved in this incident were minors and their case was tried by the Juvenile Court.
Various witnesses were examined from time to time including Nandaram PW 5 and Bhopalaram PW 3 .
In that case also Bhopalaram was examined as a witness on 9th January, 2007.
Nandaram was examined and cross examined on 21st November, and Bhopalaram was examined and cross examined on 7th June, 2006.
PW 2 was again examined and cross examined on 31.7.1991.
Similarly, Nandaram was examined before the Childrens Court sometime in November, 2006.
One of the accused Shrikant was claimed to be a minor and because of that he was tried before the Childrens Court.
In his evidence Bhopalaram did number support the prosecution version.
A brief reference to the factual aspects would suffice The respondent number.2 and 3 are facing trial for the companymission of offences punishable under Sections 147, 452, 364, 302/149 and 201/149 of the Indian Penal Code, 1860 in short IPC .
An application was filed by the accused persons before the Trial Court in terms of Section 311 of the Code with the prayer that Nandaram and Bhopalaram may be re summoned for cross examination with reference to their statements before the Childrens Court.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of the learned Single Judge of the Rajasthan High Court, allowing the application filed by respondent number.2 and 3.
The said respondents had questioned the companyrectness of the order dated 14.8.2007 passed by the learned Additional Sessions Judge, Fast Track , Parbatsar, rejecting the application made by the accused in terms of Section 311 of the Code of Criminal Procedure, 1973 in short Code .
