AMRIT LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners are aggrieved by the order passed by Additional Sessions Judge (Fast Track Court), Gurgaon on 1.9.2005, whereby their application under Section 311 Cr.P.C. for summoning Dr. R.K. Kaushal from Forensic Science Laboratory, Madhuban (for short 'FSL') for cross- examination was dismissed.

(2.) TRIAL of FIR No. 80 dated 14.3.2001 was going on against the petitioners and respondent Nos. 2 to 7 in the Court of Additional Sessions Judge, Gurgaon. During the same, the prosecution tendered into evidence report Ex. PQ of Director FSL on 21.7.2004. No objection whatsoever was raised by the accused at that time regarding its admissibility. Even otherwise the said report was admissible in evidence by virtue of the provisions of Section 293 Cr.P.C. The aforementioned report Ex. PQ was also put to the accused in their respective statements. After the prosecution evidence was over and the statements of the accused were recorded under Section 313 Cr.P.C. on 13.10.2004, the case then proceeded to the stage of recording of defence evidence. Several adjournments were granted to the accused for leading their defence. However, on 18.8.2005, they filed an application for summoning Dr. R.K. Kaushal from FSL for cross- examining him in respect of the report Ex. PQ. This prayer was declined by the trial Court vide impugned order. It was held therein that the accused had been given a number of adjournments for leading their defence and arguments including last adjournment but they did not do so. They thereafter moved the aforementioned application on 18.8.2005 for prolonging the disposal of the case.

(3.) LEARNED State counsel and the counsel representing the complainant while supporting the impugned order submitted that the report Ex. PQ prepared by Dr. R.K. Kaushal of FSL was admissible as such in evidence without calling for the expert, who had prepared the same.