SANTOSH PATHAK Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Mr. Daya Shankar Mishra for the applicant and the learned AGA for the respondent and perused the record.

(2.) WITH the consent of the learned counsel for the applicant and the learned AGA, the instant petition is being disposed of finally at the stage of admission.

(3.) THE applicant moved two different applications on 8.12.2009 under section 311 CrPC. The first application was for summoning PW-1 Ram Narain Giri (the father of the deceased) and PW-23 Manoj Giri (the brother of the deceased) for re-cross-examination. In regard to this application, it was submitted that these two witnesses have stated that they were present on the scene of occurrence and had taken the deceased in injured condition first of all to the police station and thereafter to the hospitals. According to the learned counsel for the applicant, these two witnesses have not been cross-examined properly in regard to these facts. Therefore, the applicant prayed for summoning the aforesaid two witnesses for further cross-examination. The learned trial court has very elaborately dealt with the submissions of the learned counsel for the applicant in regard to the summoning of the aforesaid two witnesses and had arrived at the conclusion that it was not proper to re-cross-examine these two witnesses. The learned trial court apprehended that the effort to summon the aforesaid two witnesses was being made to twist the prosecution case as the said witnesses had been won over. In my opinion, it is not proper to see whether or not the said two witnesses had been won over but it is crystal clear that they have been thoroughly cross-examined in regard to each and every aspects of the matter including in regard to the fact that they were present at the time of the occurrence and they took the deceased in an auto rickshaw from the place of occurrence to the police station and thereafter to the hospitals. Copies of the statements of the two witnesses have been annexed to the supplementary affidavit. When the witnesses PW-1 and PW-23 have already been cross-examined at length, there was no justification to recall them for further cross-examination. The order of the learned Additional Sessions Judge in this regard seems to be perfectly correct and requires no interference.