1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Writ Petition No.487 of 2007 Kamal son of Kanhaiyalal Gaur of Chandrapur & anr. Petitioners Vs. The Secretary, Department of Home, Government of Maharashtra, Mumbai and ors. Respondents Mr.A.K.Chauhan for petitioners. Mrs.V.R.Bhosale, APP for State. CORAM: B.H.MARLAPALLE & SMT.ROSHAN S. DALVI,JJ. August 29, 2009. P.C. 1. Heard. In obedience of our order dated 28th August, 2009, Mrs.Bhosale, the learned APP placed before us the record from the concerned police station. We have perused the PM report which indicates an unnatural death of the petitioners’ sister and as per the doctor the cause of death was asphyxia 2 due to compression of neck. Mrs.Bhosale, the learned APP, on instructions, states that after filing the charge-sheet, the case came to be committed to the Sessions Court and the trial is in progress before the Additional Sessions Judge at Raigad, for the offences punishable under Sections 306 and 498-A read with Section 34 of IPC. 2. It has been pointed out that the deceased had two children, one daughter and one son and it is the case of the petitioners that the daughter was present in the house and she was at the relevant time of eight years of age. If her name is not included in the list of witnesses furnished along with the charge-sheet, it is directed that the learned Additional Sessions Judge shall examine her as an additional witness after following the due procedure of recording statement of the said witness. The evidence of the child witness be recorded incamera. 3. With the above directions, the petition stands disposed off. 3 4. A copy of this order be forwarded to the learned Principal District and Sessions Judge at Raigad so as to place in Sessions Case No.63 of 2007. (SMT.ROSHAN S. DALVI,J.) (B.H.MARLAPALLE,J.)