1 Appln: 5561/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5561 OF 2010 Shri Anil Parshuram Lale .... Applicant Vs. State of Maharashtra .... Respondent Mr. Prakash Naik, Advocate for applicant. Mr. S.A. Shaikh, APP for State. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 22nd December, 2010 P.C. 1. This Criminal Application challenges the order dated 7th October 2010 passed by the Sessions Court, Vasai rejecting an application filed by the applicant, who is accused in Sessions Case No.63 of 2008. The applicant has been accused of committing murder of his wife by pouring kerosene on her person and setting her ablaze, which resulted into her death. Mr. Naik, learned counsel for the applicant submits that the defence of the applicant has been that in fact his wife committed suicide by pouring kerosene over herself and when she set herself on fire, the applicant had in fact tried to save 2 Appln: 5561/2010 her by trying to extinguish the fire. In that attempt, he himself sustained serious burn injuries and had been hospitalised for about 1½ months. After completion of the prosecution evidence, he had therefore filed application for summoning the doctor from Bhagwati Hospital, Borivali, Mumbai for the purpose of examining him as a defence witness and also to direct the witness to produce the hospital records concerning the admission of the applicant in the hospital and the treatment given to him. The application was rejected directing the applicant to produce certified copies of the documents that he wished to produce by calling the witness. The applicant was unable to produce the certified copies of the documents and the application was rejected. The Sessions Court could not have rejected the application on such a ground, thereby depriving the applicant of complete to defend himself. In the circumstances, the application is allowed. The order dated 7th October 2010 is set aside. The trial Court is directed to issue summons to the Medical Superintendent, Bhagwati Hospital, Borivli, Mumbai to appear before him along with medical papers in respect of the treatment given to the applicant while he was admitted in the hospital on 25th March 2006. (Smt. R.P. SondurBaldota, J)