PREMIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) NOTICE was given to the learned Public Prosecutor, which he has accepted,

(2.) THIS petition has been filed under Section 482 Cr. P. C. against the order dated 8. 6. 1993 passed by the learned Special Judge, SC/st (Prevention of Atrocities) Act in Sessions Trial No. 64/1992, whereby the petitioners' application filed under section 311 Cr. P. C. praying for allowing re-cross-examination of P. W. 3 Ms. Bai Ram, was rejected.

(3.) IN the instant case, PW-3 Ms. Bai Ram in her examination-in-chief had specifically stated that she did not identify these four accused persons out of the eight persons present in the Court, who had entered into the temple. However, in cross-examination to a question put by the counsel for co-accused Nane Khan, she identified the petitioners and stated that they were the persons whom she had identified in the test parade before the Magistrate. IN such circumstances, she has positively deposed certain facts, which are pre-judicial to the petitioners and for which in the interest of justice, the petitioners should have been allowed and an opportunity for cross-examining her has only to the extent of aforementioned new facts-