MOHAMMAD SANJAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a revisional application under Section 482, Cr. P.C. against the order dated 5-4-99 passed by the Additional Dist. and Sessions Judge, 8th Court, Alipore, 24-Paraganas (South) in trial number 2(9)/1997 by which the learned Additional Sessions Judge rejected the prayer of the accused persons who are the petitioners herein to defer the cross-examination of the eye witnesses till all such witnesses are first examined-in-chief. It is submitted on behalf of the petitioners that the petitioners have been charged under Sections 148/149/323/354/302, I.P.C. before the learned Additional Sessions Judge and that the eye witnesses to the alleged occurrence are P.Ws. 3, 4, 5 and 6 and P.Ws. 13, 14, 15 and 16. It is submitted that if the prosecution examine the eye witnesses in two batches intervened by some other witnesses and if the defence is not allowed to cross-examine the eye witnesses after the examination-in-chief of all such witnesses is completed first, in that event the defence will be prejudiced as the prosecution will get opportunity to fill up the lacuna in their case that may be revealed in the cross-examination of the witnesses if such witnesses are required to be cross-examined immediately after their respective examinations-in-chief. Accordingly the petitioners pray for a direction that the cross-examination of all the eye witnesses should be deferred till the examination-in-chief of all such witnesses are completed first. The learned Additional Public Prosecutor on the other hand submits that there is absolutely no reason for the accused persons to make such an unusual and unreasonable prayer and such prayer was rightly rejected by the learned Court-below.

(2.) In this connection we may look to the provisions of Section 231, Cr. P.C. which is reproduced below :

(3.) This revisional application is accordingly dismissed and the learned Court-below is directed to proceed with the trial in accordance with law. Petition dismissed.