LAXMI DEVI Vs. STATE OF UP

JUDGEMENT

(1.) This criminal revision is directed against the order dated 22.5.2010 passed by Additional Sessions Judge, F.T.C. No. 4, Budaun in ST. No. 444 of 2007, State v. Himmat and others under Sections 363,366,376 IPC, P.S. Bisauli, District Budaun whereby the application 71 kha of the revisionists for recalling PW-1, PW-2, PW-6 & PW-8 for cross-examination was rejected.

(2.) Heard learned counsel for the revisionists and learned A.G.A. for the State. Learned counsel for the revisionists submitted that earlier PW-1 Smt. Shanti Devi, PW-2 Dr. Harpal Singh, PW-6 Jaagan Singh and PW-8 Dr. Anita could not be cross-examined and the opportunity for cross-examination was closed and one opportunity should have been granted to the revisionists-accused for cross- examination. Learned A.G.A. supported the impugned order.

(3.) The application for recall of the witnesses was rejected by the trial Court on the ground that PW-1 was examined on 13.7.2007, but counsel for the defence moved adjournment application. Even on adjourned date, cross-examination was not conducted and opportunity was closed. Similarly, PW-2 was examined-in- chief on 26.9.2007, but he was also not cross-examined despite sufficient opportunity. The opportunity for cross-examination of PW-6 has not yet been closed, but PW-8 was also not cross-examined despite sufficient opportunity.