VASANT TIMAYYA SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mrs. Saxena for the petitioner and Mr. Tulpule, PP for the State.

(2.) THIS application is filed by the petitioner who is original accused No.2 is Sessions Case No.971 of 1991 for the purpose of recalling PW-2 for cross-examination.

(3.) FROM the order of the learned trial Judge it appears that the application was rejected as no details were mentioned in the said application as regards the need or purpose for recalling the witness. It is further pointed out in the impugned order that fair opportunity was given to the accused No. 2 to cross-examine the witness and there was impediment for asking material questions and that recalling of the witness would not serve any purpose.