GURNAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petitioner is facing trial for the offences punishable under Sections 307 I.P.C. and 25 Arms Act. Examination chief of PW 2 Jeevan Singh were recorded on 04.02.2013. However, cross -examination was deferred for 15.02.2013 on the request of the learned counsel appearing for the accused petitioner herein. Thereafter, case was adjourned on 15.02.2013, 22.02.2013, 02.03.2013 and 04.03.2013. Sufficient opportunities were given to the learned counsel for the accused to cross examine PW 2 Jeevan Singh, however, he was not cross examined, therefore, evidence of PW 2 Jeevan Singh was closed.

(2.) THEREAFTER , an application was moved by the present petitioner under Section 311 Cr.P.C. to recall PW 2 Jeevan Singh for cross examination which was rejected by the learned Trial Court vide order dated 23.05.2013. Feeling aggrieved, petitioner has invoked jurisdiction of this Court under Section 482 Cr.P.C.

(3.) SECTION 309 Cr.P.C. reads as under: -