JAGMOHAN PARASHAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition is directed against order dated 4-1-2006 passed in S. T. No. 330/2004 by Special Judge (Atrocities), Gwalior whereby an application under Section 311 of Cr. PC for recalling prosecution witness Anis (P. W. 8) for re-cross-examination has been rejected.

(2.) PETITIONER Jagmohan is facing trial before Special Judge (Atrocir ties) under Sections 302 and 336 of IPC. Initially he was charged under Section 302 of IPC and trial was in progress. Statement of Anis (P. W. 8) was recorded on 23-8-05 and 24-8-005. On 24-8-2005 petitioner requested to learned Trial Court that he does not want that trial be conducted by his previous Counsel. Consequently, defence Counsel withdrew his power. Half an hour time was granted to petitioner for engaging another Counsel and Junior Advocate Shri Somveer Singh Yadav cross-examined this witness. Petitioner engaged to Shri A. K. Barua, Sr. Advocate and his Junior Counsel. He filed his power on 1-9-2005.

(3.) ON 24-11-2005, learned Trial Court framed charge under Section 336 of IPC pertaining to injuries sustained by Anis (P. W. 8) during incident and he was called for re-cross-examination. On 4-1-2006 Anis was cross-examined by defence and his cross-examination was started regarding his injuries and circumstances of sustaining injuries. But, learned Trial Court denied the privilege and directed that only pertaining to injuries sustained by Anis defence is allowed to put question to witness. Learned defence Counsel filed an application for cross-examination of the witness on the other circumstances for sustaining injuries by Anis. This application has been rejected by trial vide impugned order dated 4-1-2006. Aggrieved by the impugned order petitioner preferred this revision petition.