BHIMMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned A.G.A. and perused the record. None appeared for revisionist side to argue the matter.

(2.) This criminal revision has been filed against order dated 9/1/2007 passed by the Additional Sessions Judge, court no. 1, Banda in S.T. No. 291-A/95 (State Vs. Bhima) under Sections 147/148/149/307 I.P.C., Police Station Kotwali Dehat, district Banda by which learned Additional Sessions Judge, Banda has rejected the application filed by Bhima dated 29.11.2006 for summoning the prosecution witness for additional cross-examination. It has been mentioned in the memo of revision that order dated 9/1/2007 is illegal and liable to be quashed. Learned court below has not exercised its power properly as provided under Section 303 Cr.P.C. and wrongly rejected the application moved by the revisionist for summoning the prosecution witness for re-cross examination. In view of the provisions given under Section 303 Cr.P.C. accused of offence has a right to be defended by a pleader of his choice.

(3.) A perusal of the papers filed by the revisionist and the impugned order, reveal that the trial of revisionist was separated from 5/10/2001 as he was not present on that day and the separate trial was numbered as 291-A of 1995. He appeared on 15.2.2006 and S.T.No. 291-A 1995 which was separated, was again tagged with the original Sessions Trial No. 291/1995. Before that, statement of P.W.-1 Uday Singh was recorded on 17.11.2005 and continued till 15.12.2005. Bhima appeared on 15.2.2006, after a long absence. He again did not appear on 15.4.2006 in the court, though witnesses were present. His absence was exempted on an application of his counsel. Examination-in-chief of P.W.-1 was recorded again and he was cross-examined by the counsel for all the accused persons, which continued till 22.4.2006. On 5.5.2006 P.W. 2, Ashwani Singh was examined by the prosecution and his cross-examination was also done by the counsel for all the accused persons and it continued till 6.5.2006. The accused, Bhima through his own counsel, Daya Shanker Shukla moved an application on 29.11.2006 to summon the prosecution witnesses for re-cross examination but that application was rejected by the impugned order. Feeling aggrieved, this criminal revision has been filed.