LAL SINGH ALIAS LAL CHAND Vs. STATE

JUDGEMENT

(1.) Crl.A.No. 75/94 & Crl.A.No. 67/94 Preetam Singh and Lal Singh were convicted for offences under Sections 460/320 Indian Penal Code and sentenced to imprisonment for life. They are in appeal before us.

(2.) During the course of hearing of the appeal, one of the contentions raised by learned counsel for the appellants is that testimony of Public Witness 17 ASI Shish Ram cannot be relied upon as no opportunity was granted to cross-examine him.

(3.) The testimony of Public Witness 17 was recorded by the Court of Sessions on 17th February, 1992. It was inconclusive on that date. The remaining testimony of the witness was recorded on 21st February, 1992. The testimony of Public Witness 18 Inspector Jai Bhagwan was also recorded on 21st February, 1992. The cross-examination of Public Witness 17 and Public Witness 18 was, however, deferred since counsel for Lal Singh was not present in Court on that date. Public Witness 17 was again present on the adjourned date i.e. 18th March, 1992 but on that date Public Witness 18 Inspector Jai Bhagwan was not present and counsel for accused sought adjournment to cross-examine both the witnesses on one date. The request was acceded and case was adjourned. Again Public Witness 17 was present on 7th August, 1997 but since Jai Bhagwan was not present, the case was adjourned for their cross-examination. The same was position on 9th September, 1992. Ultimately on 23rd March, 1993 Public Witness 18 Jai Bhagwan was cross-examined on behalf of accused Preetam Singh. Counsel for Lal Singh, however, had sent a request for adjournment as he was not in Delhi on that date. Therefore, cross-examination of this witness on behalf of Lal Singh was deferred. Public Witness 18 was not cross-examined by Lal Singh because on 23rd August, 1993, Lal Singh stated that he did not want to cross-examine this witness, who was present on that date and, therefore, the evidence of the prosecution was closed and case was fixed for statement of the accused. An application filed by Lal Singh under Section 311 of the Code of Criminal Procedure for re-summoning Public Witness 18 for his cross-examination was dismissed by learned Additional Sessions Judge.