RAJESH Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. Heard learned counsel for the applicant and the learned counsel for the State.

(2.) THE applicant-Rajesh is an accused in Sessions Trial No. 289 of 1993-State v Rajesh which is pending in the Court of VI Additional District and Sessions Judge, Kanpur Dehat. It appears that on 12-12-1995 Dr. S. P. Singh was in the witness box but the applicants counsel was absent and the witness was discharge without cross-examination. Subsequently on that very date, i. e. 12-12-1995 an application to recall the Doctor for corss-examination was made. THE ground taken in the application was that the learned counsel for the accused was busy arguing a case in another court. This application bad been dismissed by the VI Additional District and Ses sions Judge, Kanpur Dehat on the ground that the Doctor had waited for two hours and hence there was no justification to summon the doctor again, since the case is a murder case it is in the interest of justice that a last opportunity may be given to the accused to cross- examine the witness.