SHAKEEL Vs. STATE

JUDGEMENT

(1.) JOGENDER Prasad PW -2 was examined by the prosecution as their witness on 7.5.2003. Cross -examination was deferred as counsel for the accused was not present. The matter was adjourned from time to time till 16.2.2004. On said date an order was passed recording that counsel for the accused was refusing to cross -examine Jogender Prasad because the viscera report of the deceased was not on record. The learned Trial Judge held that the testimony of Jogender Prasad, a public witness, had no concern with the viscera report. Noting the continued refusal by the counsel to cross -examine Jogender Prasad, further noting that the Supreme Court had repeatedly held that public witnesses should be examined with the maximum possible speed, request for adjournment was declined and Jogender Prasad was tendered for cross -examination. Noting that the counsel and the accused did not avail the right to cross -examine Jogender Prasad, it was recorded that the witness has remained uncross -examined.

(2.) NO steps were taken to challenge the order dated 16.2.2004 which attained finality. Regretfully, the order has not even been challenged in the instant appeal.

(3.) SINCE cause of death could not be detected during post -mortem, the viscera of the deceased was kept in a jar and sent for analysis and as per report Ex.PW -11/A proved by its author Mrs. Kavita Goel PW -11, no poison of any variety could be detected in the viscera.