BALMUKUND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner challenging the order dated 2.7.2011 passed by the Additional Sessions Judge (Special Judge, SC/ST Act Cases), Pratapgarh in Criminal Appeal No. 3/2010, whereby the learned Additional Sessions Judge whilst deciding the appeal filed by the petitioner, has remanded the matter back to the learned trial Court for providing an opportunity of cross-examination of witnesses PW-1 Gajendra Kumar Palavia, PW-2 Smt. Rekha Ranawat and PW-3 Digpal. Singh to the petitioner.

(2.) Learned counsel for the petitioner submits that these witnesses were directed to be re-summoned during the course of the trial and since the prosecution did not produce the witnesses before the trial Court despite being given opportunity, as such the statements of these witnesses should not have been considered as the accused was not provided an opportunity of cross examining the witnesses. He, thus, submits that the learned appellate Court has committed grave error in remanding the matter back to the trial Court for the purpose of re-opening the proceedings for cross-examination of these witnesses. He, therefore, prays that the order of the learned Appellate Court be set aside and the Appellate Court be directed to decide the appeal on merit. He has placed reliance on the decisions rendered in Jakir Hussain & Ors. Vs. Shri Gopal Krishan Vyas, 2011 (4) Cri. (Raj.) 1584 and Veer Singh & Ors. Vs. State of Uttar Pradesh, AIR 1978 SC 79 .

(3.) Learned Public Prosecutor has opposed the miscellaneous petition.