LAWS(P&H)-2004-10-35

PADAM SINGH Vs. STATE OF HARYANA

Decided On October 08, 2004
PADAM SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE petitioners are aggrieved against the order dated June 13, 2003 passed by the learned Additional Sessions Judge, Bhiwani whereby the request of the petitioners to cross -examine the two PWs, namely, Sukhpal and Brahma has been declined. In fact, three witnesses, namely, Naresh Kumar, Sukhpal and Brahma were produced by the prosecution. On June 13, 2003, the said witnesses were produced for cross -examination. However, the cross - examination of the aforesaid witnesses could not be conducted because the counsel for the petitioners made a request that she had been engaged that day and not prepared with the facts of the case. She prayed for an adjournment. Her request was declined and, as such, the learned trial Judge recorded that the cross -examination of the aforesaid witnesses was complete.

(2.) THE CrI. Misc. No. 28426 -M of 2003 was filed before this Court. This Court had taken note of the fact that the case was fixed for remaining prosecution evidence for October 31, 2003 and, therefore, had granted one opportunity to the petitioners to cross -examine the aforesaid PW Naresh Kumar.

(3.) THE learned counsel for the petitioners states that the aforesaid contention was raised by the learned counsel for the petitioners on the basis of some mis -conception.