SIYA RAM JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 20.8.2019 passed by the Additional Sessions Judge No. 2, Nagaur (hereinafter to be referred as the Trial Court') in Sessions Case No. 73/2015 (128/2014) (43/2012), whereby the application filed on behalf of the petitioner under Section 311 CrP.C. with a prayer for recalling the Investigating Officer PW-32-Babu Lal has been rejected.

(2.) The Trial Court is of the opinion that Counsel for the petitioner was granted full opportunity to cross-examine PW-32 Babu Lal and he was cross-examined at length. It is also observed that reasons given by the petitioner to justify his prayer for recalling PW-32 Babu Lal is not tenable as the petitioner only wants to fill up lacuna in the case of defence. The Trial Court while exercising its discretion has given a finding that recalling of PW-32 Babu Lal is not desirable for arriving at a just decision of the case and as such prayer of the petitioner of recalling PW-32 Babu Lal cannot be accepted.

(3.) Learned Counsel for the petitioner has submitted that the petitioner has set out a specific case that on what points he wants to cross-examine the prosecution witness PW-32 Babu Lal. It is submitted that even after due diligence by the Advocate, the said question could not be asked in the cross-examination regarding recovery of button of the shirt of the deceased and only on that point the petitioner wants to cross-examine the said prosecution witness. It is submitted that recalling of PW-32 Babu Lal will not prejudice the prosecution in any manner as the prosecution can also confront or cross-examine the said witness. Learned Counsel for the petitioner has placed reliance on the decisions of the Honble Supreme Court in Mannan SK and Ors. Vs. State of West Bengal and Anr., reported in 2014 Cr.L.R. (SC) 808 and Natasha Singh Vs. CBI (State), reported in 2013 Cr.L.R. (SC) 582.