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Issues involved:
The issues involved in the judgment include the rejection of the request to examine three witnesses in defense, the right of the accused to adduce evidence in support of their defense, and the refusal to summon expert witnesses by the trial court. Request to Examine Witnesses in Defense: The applicants filed a revision against the order rejecting their request to examine three witnesses in defense out of the total nine sought. The witnesses in question were Dr. Anil Agrawal, Prof. Maulana Azad Medical College, New Delhi, Dr. R.K. Wright from the USA, and Mr. P.K. Satyanathan, District Government Pleader, Nagpur. The prosecution alleged offenses under Sections 302, 376(2)(g), 201 of the Indian Penal Code, relating to the death of a maid servant due to throttling and rape. The defense sought to examine these witnesses to establish their defense, which was contested by the prosecution. Right to Adduce Evidence in Defense: The defense argued that under Section 233 of the Criminal Procedure Code, the accused have the right to adduce any evidence in support of their defense. They contended that the expert witnesses were necessary to establish their defense and rebut the prosecution's evidence. The defense emphasized the importance of a fair trial and the accused's opportunity to present evidence of their choice. Refusal to Summon Expert Witnesses: The trial court refused to summon Dr. Anil Agrawal and Dr. R.K. Wright, stating that the prosecution had already examined expert witnesses on the cause of death, and the defense had cross-examined them. The defense's request to summon P.K. Satyanathan was also denied based on his role as Government Pleader. The defense argued that the expert witnesses' evidence was crucial to establish their defense and that the refusal to summon them was unjust. Legal Precedents and Decision: The judgment cited legal precedents emphasizing the accused's right to adduce evidence in their defense and summon witnesses of their choice. The court held that the accused's request to summon the expert witnesses was valid, and their evidence was relevant to the case. The court overturned the impugned order and directed the trial court to summon the witnesses in defense, emphasizing the importance of a fair trial and the accused's right to present their defense effectively. This summary provides a detailed overview of the issues involved in the judgment, including the rejection of witness examination requests, the right of the accused to adduce evidence, the refusal to summon expert witnesses, legal arguments presented by both parties, and the court's decision based on legal precedents and considerations of fairness in the trial process.
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