GURAPRASAD DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN course of a trial where the accuseds have been facing charges for offence committed under section 307/302/34 IPC after the examination of defence witness was over, an application was filed invoking section 311 CrPC for permitting the defence to recall PW/15 the investigating officer of the case and the ballistic expert for their further cross -examination. The trial court rejected such prayer. Hence, this criminal revision.

(2.) HEARD the learned counsel appearing on behalf of the parties. Perused the impugned order and the application filed before the court below as also the deposition of the aforesaid three witnesses.

(3.) THE right to cross -examination of a witness by the defence is the integral part of fair trial and is a very valuable right of an accused to establish his innocence. Ordinarily, such right cannot be denied unless it is shown the cross -examination of the witnesses would be a futile exercise.