SATYANARAIN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The case against the petitioner under Section 307 IPC is pending in the Court of Sessions Judge, Jaipur District, Jaipur and in that case give witnesses have been examined but on the date when the statement of the witnesses were to be recorded counsel for the accused-petitioner was not present and a prayer was made by the accused-persons. But the learned trial court did not allow the prayer of the petitioner. Thereafter, on 17-12-1984 an application was filed by the petitioner with this prayer that the eye witnesses whose statement have already been recorded be recalled for cross-examination. This application was dismissed by the learned trial Court on the ground that many opportunities were given to the accused-petitioner to cross-examine the eye witnesses and the witnesses-were recalled and they were present in the Court but because of the absence of the counsel for the accused persons the witnesses were not cross-examined. Thereafter a last opportunity was given to the accused petitioners and the case was fixed on 5-8-1988. On that date also the witnesses were present in the Court but the counsel for the accused-petitioner could not appear in the. Court so the witnesses were not cross-examined.

(2.) The learned counsel for the petitioner submits that cross-examination is a fundamental right of an accused person and cannot be deprived of that right and in case the counsel is absent then it is the duty of the learned trial Court to have appointed some as amicus curiae so as to crossexamine the witnesses but instead of passing a legal and just order, the learned trial Court passed an unjust order and thereby deprived the petitioner from cross-examining the witnesses.

(3.) As said earlier, the prayer for recalling the witnesses was of such persons who were important witnesses. Learned counsel further submits that in the F.I.R. the name of the present petitioner does not find place but subsequently the name of the accused persons have been shown in the police statement and in the Court statement of the witnesses.