JINNAPPA, S/O. LATE MARAPPA Vs. THE STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, NELAMANGALA P.S. BANGALORE RURAL DISTRICT, BANGALORE

JUDGEMENT

(1.) THE petitioner who is facing trial for offences punishable under Sections 498A, 506 and 302 IPC had made an application under Section 311 Cr.P.C. for further cross examination of PW 18, inter alia, contending that when PW 18 was cross examined on 17.09.2011 he was not cross -examined on certain material aspects, therefore, further cross examination of PW 18 is necessary. PW 18 is a crucial witness. It is also stated that PW 18 has recorded dying declaration of deceased. The learned trial judge has dismissed the application. Heard learned counsel for petitioner and learned Government Pleader for respondent.

(2.) THE petitioner is facing trial for a capital offence and the trial is yet to be completed, I am of the considered opinion that if an opportunity is given to learned counsel for accused for further cross examination of PW 18, that would meet the ends of justice. However, farther cross examination of PW 18 shall not touch upon the facts already elicited during cross examination of PW 18 on 17.09.2011. At this stage, learned Government Pleader submits that the case is set down for further trial tomorrow (07.01.2012) and PW 18 would be made available. The learned counsel for petitioner submits that if PW 18 is kept in attendance tomorrow he would cross examine PW 18 in terms of this order.