JITENDER KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioners have filed the present revision petitions impugning the order dated 30.01.2019 passed by the Learned Additional Sessions Judge-01, District East, Karkardooma Courts (hereafter 'the impugned order'), whereby the Learned ASJ had partly allowed the application, under Section 311 of the CrPC, filed by the accused persons to recall certain witnesses for examination. Whilst, the Court had allowed PW9 and PW10 to be recalled for their cross examination; it had rejected the prayer of the accused to recall the witnesses, PW5 and PW17.

(2.) CRL REV. P No. 177 of 2019 has been filed by the brother of the deceased, who claims that respondent nos. 2 to 4 are responsible for her death. He is also one of the witnesses for the prosecution. He contends that the Court had erred in passing the impugned order, wherein PW9 and PW10 were recalled for cross examination and had failed to appreciate that the application for recalling the witnesses was only a means to delay the trial, as is evident from the fact that the said application had been moved after thirteen years of the commencement of trial in the year 2005.

(3.) CRL REV. P No. 532 of 2019 has been filed by the accused. They are aggrieved by the impugned order to the extent that their application for recalling of the witnesses, PW5 and PW17 for cross examination has been rejected. They contend that the Court had failed to appreciate that the post-mortem report had been tampered with. Whilst, the said report records dried blood over the nostrils and mouth openings of the deceased, but, according to the accused, the same is not found in the colored photographs of the deceased. The accused claim that a false post-mortem report had been prepared and cross examination of PW17 and PW5 was essential to elicit the truth.