SANJAY SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners are aggrieved by order dated 05.11.2015 passed by the Additional Sessions Judge, VI, Aurangabad, in Sessions Trial No.419 of 2015 by which petition filed by the Petitioners under Section 311 Cr. P.C. to recall PW 1 for further cross-examination has been rejected.

(2.) Heard the parties.

(3.) This Court finds that the Court below has rejected the petition filed by the Petitioners under Section 311 Cr. P.C. by the impugned order on the ground that there is no provision in the Evidence Act for further cross-examination unless either reexamination-in-chief is done by the prosecution or some new fact comes after discharge of the witness. The Court below has mentioned in the impugned order that PW 1, Rahdey Shyam Sharma, was cross-examined fully by the defence and he was discharged.