GAURANSH UNIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this C-482 application, applicant has challenged the order dtd. 27/6/2023, passed by the learned Sixth Additional Sessions Judge, Dehradun in Sessions Trial No. 89 of 2012, 'State Vs. Gauransh Uniyal and Others', whereby the application no.110(Ka) under Sec. 311 of Cr.P.C. of the accused-applicant, for recalling the witness PW-5 Dr. J.P. Devsali, has been rejected.

(3.) The application no. 110(Ka) was moved on behalf of the applicant/accused under Sec. 311 of Cr.P.C. on 14/5/2015. In the said application, it has been categorically stated that PW-5 Dr. J.P. Devsali, who conducted postmortem of the deceased, was left to be asked certain questions regarding the suicidal tendency of the deceased as well as regarding the presence of cadaveric spasm at the hand of the deceased, when PW-5 Dr. J.P. Devsali was cross-examined during the trial.