JASWANT RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code Criminal Procedure, 1973 (for short 'Cr.P.C.) for quashing impugned order dated 2.2.2011 (Annexure P1) passed by the Addl. Sessions Judge, whereby the application moved by the prosecution under Section 311 Cr.P.C. for recalling PW2 and PW3 for reexamination was allowed in a case FIR No.107 dated 25.9.2008 registered at Police Station Balachaur District Nawanshahr under Section 302 of the Indian Penal Code (for short 'IPC') .

(2.) Learned counsel for the petitioner has submitted that PW2 and PW3 were examined in chief and then cross-examined by the defence counsel. Hence, the said witnesses could not be recalled for re-examination. The Court was to decide the case in view of the statements made by the witnesses.

(3.) Learned State counsel, on the other hand, has opposed the petition. Learned State counsel has submitted that it was necessary to re-examine PW2 and PW3 for the just decision of the case. It was necessary to ask the said witnesses as to whether what they had stated in their examination-in-chief was liable to be believed or what they had stated in their cross-examination was liable to be believed.