RAMASHANKER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision is directed against the order dated 2-4-1996 passed by the District Judge, Kanpur Nagar in S.T.No. 134 of 1995 State v. Nanhkau and others.

(2.) Formerly, the accused had engaged no private counsel. Therefore, Amicus Curiae was provided to him at a later stage. On 17-8-95, the accused engaged a private counsel. Thereafter, he prayed that two witnesses, namely P.W.1 Gauri Shankar and PW-2 Arvind Kumar, who had already been cross-examined by the learned Amicus Curiae, be recalled for further cross-examination. The learned lower Court has rejected this application without assigning any reason.

(3.) In the interest of justice, it is essential that in a serious case like this, under Section 302, IPC the accused be given abundant opportunity to cross-examine the witnesses. This is a question of life and death for the accused.