CHINNATHAMBI Vs. STATE

JUDGEMENT

(1.) The petition has been filed to set aside the order dated 12.11.2019 in Crl.M.P.No.537 of 2019 in S.C.No.26 of 2017 and for a direction to the III Additional District and Sessions Judge, Salem.

(2.) An application was filed by the petitioner under Section 311 of Cr.P.C to recall P.W.1 to P.W.4 for cross examination. The petitioner was arrayed as 2nd accused in S.C.No.26 of 2017 and he has been charged for the offence under Section 302 of IPC. The prosecution examined P.W.1 to P.W.4, admittedly, the petitioner did not cross examine the prosecution witness 1 to 4 when they were examined in chief.

(3.) Learned counsel for the petitioner submitted that the petitioner could not cross examine the prosecution witnesses due to sudden illness of the petitioner's counsel on record.