SATISH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Mr. Tarun Pande, Advocate, for the applicant. Mr. R.K. Sah, learned Deputy Advocate General with Ms. Mamta Joshi, learned Brief Holder, for the State of Uttarakhand.

(2.) Brief facts of the case are that present applicant is an accused in a Criminal Case No. 325 of 2009. The examination -in -chief of P.W. 1 - Kundan Singh was done on 25.05.2012 and on the application of the applicant/accused the matter was adjourned to 15.06.2012 for cross examination. The cross -examination was not done on 15.06.2012. Thereafter, the applicant/accused was granted sufficient opportunity to cross examine the witnesses i.e. P.W. 1 and P.W. 2. Since the applicant/accused failed to avail that opportunity, the trial court closed the opportunity to cross examine these witnesses vide order dated 05.08.2013. Aggrieved, the applicant preferred a revision before the learned District & Sessions Judge, Almora, which was ultimately dismissed by the revisional court. Thereafter, the trial proceeded against the present applicant and he has been convicted under Ss. 279/304A of IPC and sentenced for six months rigorous imprisonment under Sec. 279 of IPC and for one year rigorous imprisonment with a fine of Rs. 2,000/ - under Sec. 304A of IPC with default stipulation. Aggrieved, the applicant filed an appeal against the order of the trial court, which is pending before the court of learned Additional Session Judge, Ranikhet, Almora.

(3.) During the pendency of the above appeal, the applicant moved an application under Sec. 391 Cr.P.C. read with Sec. 311 Cr.P.C. for cross -examining the PW 1 & PW 2. The said application was moved without assigning any reason and moreover, the applicant has also mentioned therein that the trial court already dismissed the above prayer of the applicant during the course of trial. This application has been rejected by the appellate court vide its order dated 10.08.2015.