KUMHER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Krishna Kapoor, learned counsel for the revisionists, and the learned A.G.A. and perused the record.

(2.) THIS revision has been directed against the order dated 24 -11 -2004 passed by the Addl. Sessions Judge whereby the prayer for recall of prosecution witnesses Kali Charan (P.W. 1) and Giriraj Singh (P.W. 2) made by the revisionists/accused under Sections 231 (2) and 311 Cr. P.C. has been rejected.

(3.) THE Court below after hearing both the parties found that the recall of those witnesses was not at all expedient in the interest of justice, but it would instead delay the proceedings of the trial when directions had already been issued by this Court to the trial Court vide order dated 31 -10 -2003 to conclude the trial expeditiously and if possible within six months. As such having dealt with the matter in detail and after recording reasons, the Court below has rejected the prayer of defence for further cross -examination of P.W. 1 and P.W. 2.