Mahendrakumar Ramanlal Patel vs State Of ... on 13 July, 2017
Moreover, the learned Sessions Judge ought to
have come to the conclusion that it was necessary in the interest of justice
to prosecute the witness. The learned Trial Court is required to record its
findings to this effect based on some concrete material or evidence before
the initiation of issuance of show-cause-notice under Section 344 of
Cr.P.C. Such findings are absolutely missing in the impugned judgment.
It is found that these two satisfactions are missing from the impugned
judgment and order of conviction. The decision cited by the learned
advocate for the appellants given in the case of Ambalal
Bhavanishanker Upadhyaya Vs. Rasiklal Manilal Mehta (supra) as
well as the decision given in the case of Ashokkumar Sursinbhai
Parmar Vs. State of Gujarat (supra) are applicable to the facts and
circumstances of the present case.