(1.) With the consent of the parties, the matter is heard finally at the motion stage.
(2.) Challenge in this petition under Sec. 482 of CrPC is to the order dtd. 1/10/2022 (Annexure P-1) passed by learned Additional Sessions Judge, Sarangarh, District Raigarh (CG) in S.T. No.11/2017 thereby rejecting application of petitioner No.2 filed under Sec. 311 of the Code of Criminal Procedure, 1973 (henceforth "the Code") seeking re-cross examination of witness Ruchit Nayak (PW-14).
(3.) Facts of the case, in brief, are that petitioners are facing criminal trial under Ss. 307, 201, 120-B, 34 of IPC on the allegation that on 8/6/2017, petitioners have attacked and assaulted victim by means of axe causing serious injuries to him. During course of trial, on 17/7/2019 statement of victim Ruchit Nayak (PW-14) was recorded by the Court below. After examination of victim, petitioner No.2 realized that victim (PW-14) was though effectively cross-examined only on behalf of petitioner No.1, but not in respect of petitioner No.2 herein. Therefore, application under Sec. 311 CrPC to recall victim (PW-14) for re-cross examination, is filed mentioning the points on which re-cross examination of PW-14 is to be done. However, the Court below vide order impugned rejected said application holding that reasons set forth in application to recall witness for re-cross examination do not appear to be bonafide.