LOKESH KHANNA Vs. STATE

JUDGEMENT

(1.) The instant revision petition has been preferred by the petitioner to challenge the legality and propriety of order dated 17.07.2015 of learned Addl. Sessions Judge, by which application under Section 311 Cr.P.C. to recall certain witnesses for further cross-examination was dismissed. Status Report is on record.

(2.) I have heard the learned Senior Counsel for the petitioner and the learned Addl. Public Prosecutor and have examined the record. The petitioner is facing trial under Sections 498A/304B/302 IPC. The prosecution has already examined all its witnesses. Statements of the accused have been recorded under Section 313 Cr.P.C. Apparently, the trial is its fag end and final arguments seem to be in progress.

(3.) The petitioner intends to recall for further cross-examination PW-2 (Vinod Kumar), PW-3 (Dr.Pradeep Kumar), PW-6 (Dr.Asitesh Bajwa), PW-11 (Mohd.Hanif Khan) and PW-14 (Dalip Kumar). It is urged that some relevant questions were not put by the previous counsel to them at the time of their cross-examination. Their examination is essential for the just decision of the case. The petitioner is entitled to have fair opportunity to prove his innocence. Reliance has been placed on Mohan Lal Shamlal Soni vs. Union of India, 1991 AIR(SC) 1346, P.Sanjeeva Rao vs. State of Andhra Pradesh, 2012 7 SCC 56, Hoffman Andreas vs. Inspector of Customs, Amritsar, 2000 10 SCC 430 and Shiv Kumar Yadav vs. State, 2015 148 DRJ 508.