Code of Criminal Procedure, 1973–Sec. 233(3)–Trial Court partly allowed the application and directed for summon of only two witnesses–Statements of five witnesses are relevant for the defence taken by the accused–Their production would be necessary for the just decision of the case–When the prosecution has given ample opportunities to lead the evidence in support of the charge and for that as many as 30 witnesses were summoned and period of five years was given to them, why a discriminatory approach should be taken when it comes to the case of defence–Directed to summon five witnesses.
