SUKHLAL MANDAVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Petition has been filed under Sec. 482 Cr.P.C against the order dtd. 22/2/2023 passed by the Sessions Judge, Bastar, Jagdalpur in Sessions Case No.37/2017 (it has been mentioned as 34/2017 in the impugned order), whereby the application filed by the Petitioner under Sec. 311 Cr.P.C for recalling the prosecutrix and two other witnesses for re-cross-examination, has been dismissed.

(2.) Brief facts of the case are that charge sheet has been filed against the Petitioner and other co-accused persons under Ss. 376(d), 302, 392, 241 and 506 IPC and all the witnesses have been examined on 15/2/2023. The Petitioner has filed an application under Sec. 311 Cr.P.C as the some important questions are left behind for examination at the end of Complainant/prosecutrix (PW-3) with regard to the identification of the Petitioner, therefore, the Petitioner has filed an application for re-cross-examination of the said 3 witnesses, which has been dismissed by the order impugned.

(3.) Shri Ali, learned Counsel for the Petitioner submits that the impugned order is bad in law and placed reliance on the judgment rendered in the matter of Rajaram Prasad Yadav vs. State of Bihar and Another reported in (2013) 14 SCC 461, wherein it was held that the Court must satisfy itself that it was in every respect essential to examine such a witness or to recall him for further examination in order to arrive at a just decision of the case and further submits that therefore, for just decision of the case, the said application ought to have been allowed.