HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is filed under Section 482 Cr.P.C. to set aside the order of Ld. Addl. Sessions Judge, Patiala dated 1.4.1999 whereby he has dismissed the application filed by the accused to recall PW-3 Dr. Amarbir Singh for further cross-examination. The accused is being tried under Section 304-B IPC. He is an under trial prisoner. In his application, he has clearly mentioned that no question was put to the doctor as to whether the injured was fit to give statement, when she was admitted in the hospital. The Apex Court held that the Courts should be magnammous in allowing the application for recalling for the purpose of further cross-examination of the witnesses, where there is inadvertent omission on the part of the cross- examining counsel.

(2.) IN the facts and circumstances of the case, I am of the opinion that this is the fit case to allow the accused to further cross-examine PW-3 Dr. Amarbir Singh by recalling him under Section 311 Cr.P.C. Petition is, therefore, allowed and order of Ld. Addl. Sessions Judge, Patiala dated 1.4.1999 is hereby set aside. Ld. Addl. Sessions Judge is directed to issue summons to PW-3, Dr. Amarbir Singh for further cross-examination in the Sessions Case 32 of 1998. Petition allowed.