DALVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, Dalveer Singh, has challenged the order dated 19-5-2008 passed by the Judicial Magistrate (First Class), No.15, Jaipur City, Jaipur, whereby the learned Magistrate has rejected the petitioner's application under Section 311 Cr.P.C. for recalling five witnesses for the purpose of cross-examination. The petitioner is also aggrieved by the order dated 19-7-2008 passed by the learned Session Judge, Jaipur City, Jaipur, whereby the learned Judge has rejected the revision petition filed by the petitioner on the ground of non-maintainability.

(2.) The brief facts of the case are that the petitioner was facing trial for an offence under Section 409 IPC. During the course of the trial, sixteen witnesses were examined by the learned trial court. According to the petitioner, prosecution witnesses Nos. 1 to 5 are eye-witnesses of the alleged incident. While PW-1 Jai Singh was examined on 18-2-2005, PW-2 Mohan Singh, PW-3 Kaan Singh, PW-4 Madan were examined on 23-8-2005. PW-5 Amar Singh was examined on 20-2-2006. After sixteen witnesses were examined, the petitioner moved an application under Section 311 Cr.P.C. for recalling the prosecution witnesses nos. 1 to 5 in order to cross-examine them. However, by order dated 19-5-2008, the learned Magistrate dismissed the said application. Since, the petitioner was aggrieved by the order dated 19-5-2008, he filed a revision petition before the learned Judge. But by order dated 19-7-2008, the learned Judge dismissed the revision petition on the ground mentioned above. Hence, this petition before this Court.

(3.) Mr. Ashish K. Singh, the learned counsel for the petitioner, has raised the following contentions before this Court:-