HARIPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Radhey Shyma Shukla for the applicants and learned A.G.A. for the State and perused the record.

(2.) This is a petition under Section 482 Code of Criminal Procedure for quashing the order dated 08.12.2010 passed by the Additional Sessions Judge, Court No. 4, Shahjahanpur in S.T. No. 45 of 1996 State v. Haripal Singh and Ors.

(3.) Mr. Radhey Shyam Shukla submitted that the applicants, who are accused in the aforesaid sessions trial, moved an application for recalling P.W.6 Daya Ram Singh, I.O., and P.W. 7 Dr. A.P. Mishra for proving the facts of the cross case as well as the injuries of the accused side. Mr. Radhey Shyma Shukla further submitted that the aforesaid witnesses have not been cross-examined in regard to the cross version as well as injuries of the accused side, therefore, the applicants' defence would be seriously prejudiced if the cross version and the accused side injuries are not brought on record: Mr. Radhey Shyma Shukla lastly submitted that the accused side injuries proved in the cross case cannot be read any evidence in the present case. Therefore, the learned Additional Sessions Judge was not justified in rejecting the application on the ground that accused side injuries could be proved by producing copies of the injury reports.