JAHID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of present application under Section 482 of Cr.P.C., the applicant seeks to set aside the impugned order dated 09.09.2014, passed by III Addl. Sessions Judge, Udham Singh Nagar. A further prayer has been made to allow the application dated 09.09.2014, in S.T. no. 340 of 2013, State vs Jahid and another, under Sections 302, 394, 201 of IPC.

(2.) THE applicant is facing trial for the offences punishable under Sections 302, 394, 201 of IPC. The Sessions Trial is pending in the Court of III Addl. Sessions Judge, Udham Singh Nagar. PW1 Afsar Ali, PW2 Arjun Singh and PW3 Ashok Kumar were examined on behalf of the prosecution. They were not cross -examined on behalf of the applicant on one pretext on another, the details of which have been given by learned Addl. Sessions Judge in her order dated 09.09.2014.

(3.) SINCE PW1, PW2 and PW3 have not been crossexamined on behalf of the accused -applicant, therefore, a prayer has been made to permit the accused to cross - examine those witnesses. It is true that PW1, PW2 and PW3 came to the court, were compelled to remain in the court for their cross -examination till the fag end of the day on so many dates and they had to go home without being cross -examined by or on behalf of the accused persons, yet the fact remains that every party is entitled to fair hearing even if the other party is put to some inconvenience. That is precisely the case of the applicant.