JAYKANT NAYAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(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.