PRAVINBHAI MAGANBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.H.L. Jani, learned APP waives service of rule. The present Revision Application is filed by the petitioner -original accused aggrieved by order dated 02.02.2007 passed below application, Exh.43 in Sessions Case No.100 of 2006 by which the learned Additional Sessions Judge & Presiding Officer, Fast Track Court No.12, Rajkot rejected the same.

(2.) THE learned Additional Sessions Judge rejected the application by saying that PW -13, Medical Officer, Dr.Jagdishkumar Solanki was examined on 09.01.2007 at Exh.37. During his deposition he produced exh.38 -medical certificate wherein the injury sustained by the deceased are set out. After chief examination was over, the said witness was cross -examined for some time. He produced in -door case papers at exh.39. Thereafter, an adjournment was sought to continue the further cross -examination. The same was granted and the matter was adjourned to 12.01.2007. On that day, the learned advocate for accused cross -examined the witness at length.

(3.) IN the present case, the witness was examined on 09.01.2007. He produced Exh.38, the injury certificate. After his chief was over, he was cross examined by the learned advocate for accused and he produced exh.39, in -door case papers of the deceased. The matter was adjourned to 12.01.2007 at the request of the learned advocate for accused for further cross -examination. The request was granted. The doctor was cross -examined at length.