HIREN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R Sarma, learned counsel for the petitioner and Mr. D Das, learned Addl. PP, Assam.

(2.) This application under Section 482 Cr.P.C., has been filed challenging the order dated 26.06.2019 passed by the learned Sessions Judge Kamrup in Sessions Case No.282(K-A)/2014, whereby the learned Sessions Judge rejected the application filed by the present petitioner under section 311 Cr.P.C. for recalling Pw- 4, PW-5 and Pw-8.

(3.) Learned counsel for the petitioner submits that the petitioner is an accused in the aforementioned session's case which is at the stage of trial. The advocate initially engaged by the petitioner died and thereafter another advocate was engaged who also died and thereafter the present counsel has been engaged by the petitioner. The present counsel after having gone though the record, realized that further cross-examination of Pw-4, Pw-5 and Pw-8 is necessary, inasmuch as, some important questions were not put to the said witnesses during their cross- examination. It is submitted by the learned counsel for the petitioner, that for the purpose of fair trial the petitioner, should be allowed to further cross-examine Pw-4, Pw-5 and Pw-8. Assailing the impugned order, learned counsel submits that the learned sessions judge, while rejecting the prayer of the petitioner on the ground, that recalling the witnesses for further cross-examination would amount to allowing the petitioner/accused to fill up the lacunae, and that the trial would be delayed, failed to appreciate the right of the accused to fair trial. Learned counsel for the petitioner contends that petitioner should be allowed to further cross-examine the Pw-4, Pw-5 and Pw-8 in the interest of fair trial, inasmuch as, the accused cannot be deprived of his right to fair trial on the pretext of speedy trial.