SHYAMVEER SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed the criminal revision under Section 397/401 of the Cr.P.C. against the order dated 9.11.2012 passed by Third A.S.J. Bhind (Shri K.K. Sharma) in Sessions Trial No.291/09 rejecting the application under Section 311 of Cr.P.C. filed by the accused for recalling the witness Chiman Singh (PW-1) for cross examination.

(2.) Counsel for the petitioner submits that the statement of Chiman Singh (PW-1) was recorded on 16.3.11 before the trial Court. On behalf of the accused Shyamveer Singh, Advocate Shri Neeraj appeared in the case but he could not properly cross examine the prosecution witness. Owing to which the application under Section 311 of the Cr.P.C. was filed on 22.8.2012 on behalf of the accused to recall the witness for cross examination but the application was rejected on the ground that the accused's counsel submitted before the Court "no cross" whereas the accused is facing trial for heinous offences. He has further submitted that the witness Chiman Singh (PW/1) has deposed in his statement against the accused Shyamveer Singh, in spite of the fact that no cross examination was carried out by the present counsel. He has further submitted that it is settled principle of law that due to mistake of his counsel petitioner cannot suffer. But the said aspect was not considered by the Court below in passing the impugned order.

(3.) The learned Panel lawyer has supported the impugned order, yet he has conceded this fact that no cross examination has been made on behalf of the accused Shyamveer Singh.