RAJ KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) THE short question involved in this petition is, whether a trial court can recall a witness who has already been examined and cross -examined at the behest of the accused simply on the ground that such witness had applied the court for making a fresh statement on the plea that the earlier statement made by him was not made truthfully?

(2.) THE petitioner are accused facing trial in the case State v. Raj Kumar and others before the court as Ist. Addl. Sessions Judge Jammu for commission of the offences U/S 302, 452/34 RPC and 4/25 Arms Act.In the trial PWs.Ram Rakhi and Asha Devi stand already examined and cross -examined.However later on both the said prosecution witnesses filed an application before the trial court supported by an affidavit seeking their fresh examination as according to them they had made the false statement in their earlier deposition under the pressure of the police. The application of the prosecution witnesses was rejected by the trial court. After the rejection of the application accused party seized the oppurtunity and moved the application for recall of the said two prosecution witnesses for further cross -examination by involving the provision of section 540 Cr.P.C.

(3.) LEARNED trial court has rejected the application of the accused by its order dated 29.3.2002 hence the present petition under Section 561.A Cr.P.C.