DILDAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and learned AGA. The petitioners through this petition have challenged the order dated 30.11.2011 whereby application for recalling prosecution witnesses Balak Ram and Surendra Pal has been rejected.

(2.) IT appears that the petitioners are accused under section 302 and 201 IPC. On 11.11.2010, prosecution examined Balak Ram and Surendra Pal who had identified the skeleton as well as the clothes belonging to the deceased. IT is mentioned in the order sheet that opportunity for cross-examination has been given but none came to cross- examine, consequently, cross- examination was closed. On 30.11.2011, petitioners/accused moved application for recalling the above witness as for some reason they could not be cross- examined. This application has been rejected by the Trial Court vide order dated 30.11.2011. This very order has been impugned herein.

(3.) IT is necessary to have a look at sections 309 and 311 Cr.P.C. Relevant provisions are quoted below :