DEEPAK BADAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 482 of Cr.P.C to set aside the impugned order dated 20.09.2019 passed in Session Trial No.324/16 passed by I Additional Sessions Judge Pipariya, District-Hoshangabad (M.P.) whereby the learned Additional Judge has dismissed the application under Section 311 of the Cr.P.C. filed by the petitioner.

(2.) Briefly stated facts of the case, in nutshell, are that on 24.10.2015, petitioner-Deepak Badal armed with sword along with co-accused Bablu @ Purshottam armed with iron rod, assaulted Rakesh Badal, due to which he sustained injuries on left wrist, fingers, both shoulders. Thereafter, report of the incident was lodged by injured-Rakesh Badal (PW/1), police has registered the case under Sections 294, 307, 506, 34 of IPC and after investigation challan has been filed.

(3.) Learned counsel for the accused/petitioner submits that Session Trial No.324/16 is going on against the petitioner before the I Additional Sessions Judge Pipariya for the offence punishable under Sections 294, 307 and 506 read with Section 34 of Indian Penal Code. The case was fixed by the trial Court on 8.7.2019 for recording the statement of Rakesh (PW-1), which was recorded. As the mother of petitioner was ill, therefore, he could not appear in the cross-examination and due to lack of knowledge by his counsel his cross-examination of injured Rakesh (PW/1) was not done. Learned counsel for the petitioner submits that an opportunity must be given for cross-examination to meet the ends of justice. Therefore, the petitioner has filed an application under Section 311 of Cr.P.C. before the trial Court on 20.9.2019, which has been dismissed.