SEWA RAM Vs. STATE OF M. P.

JUDGEMENT

(1.) BEING aggrieved by the order dated 11.2.2008 passed by Additional Sessions Judge, Mandsaur in ST No. 47/06, whereby the application filed by the petitioner u/s 311 CrPC for further cross-examination of PW 3 Khushbu was dismissed, the present petition has been filed.

(2.) SHORT facts of the case are that petitioner was prosecuted for an offence punishable u/s 302 IPC. Case of the prosecution was that petitioner killed his wife Manju on 24.4.2006 by putting her on fire. After filing of Challan petitioner was charge-sheeted and the case was fixed for recording of evidence. PW 3 Khushbu minor daughter of petitioner was examined as eye witness. Thereafter an application was filed u/s 311 CrPC, wherein it was alleged that previously counsel for the petitioner was Mr. Dinesh Prajapati who could not ask number of relevant questions in cross-examination, which goes to the route of the case. It was alleged that later on petitioner engaged Mr. Habib Khan, advocate and in the application it was prayed that petitioner be permitted to further cross- examination on PW 3 Khushbu.

(3.) AFTER hearing the counsel for the parties learned trial Court dismissed the application, against which the present petition has been filed.