L NATARAJAN Vs. STATE

JUDGEMENT

(1.) The revision petitioner herein is an accused in S.C. No. 68 of 2009 on the file of the learned Additional. District and Sessions Judger Fast Track Court No. III, Virudhachalam and he is facing trial for an offence under Section 302 I.P.C. The prosecution examined almost 29 witnesses and the Investigating Officer is yet to be examined. While so, the accused/petitioner herein filed an application under Section 311 of the Code of Criminal Procedure for the earlier occasion. PWs 16 and 17 were examined and they were not cross- examined by the accused at that stage, since PWs 16 and 17 were treated as hostile by the prosecution. The application filed by the petitioner has been dismissed by the learned Additional District and Sessions Judge, Fast Track Court No. III, Virudhachalam. Aggrieved by the said order, the petitioner herein has preferred this criminal revision.

(2.) The learned counsel for the petitioner submits that though PWsl6 and 17 were treated as hostile by the prosecution and at that time, the accused has not cross-examined those witnesses. Since it was felt on the part of the defence that, it was necessary to elicit certain facts from PWs 16 and 17 regarding the illegal detention of the petitioner by the police along with PWsl6 and 17 and which fact was known to PWs 16 and 17, the defence wanted to recall PWs 16 and 17 for cross-examination. But the learned trial Judge has dismissed the application. The learned counsel for the petitioner further submits that an opportunity must be given to the defence to establish the case and he must be permitted to recall PWsl6 and 17 for cross-examination.

(3.) Per contra, the learned Government Advocate (Cri side) appearing for the respondent submits that almost all the witnesses have been examined by the prosecution and the Investigating Officer is yet to be examined and at this stage, the accused has chosen to file the application to recall PWs16 and 17 who had already not supported the case of the prosecution and who are related to the accused.