GOPAL PRASAD Vs. STATE

JUDGEMENT

(1.) THE petitioners have filed this petition under Sec. 482 Cr. P. C. against the order dated 26. 07. 2005 passed by the Special Judge, SC/st Act Cases (Sessions Judge), Bharatpur in Special Case No. 55/98 whereby he rejected the application of the petitioners dated 8. 7. 05 filed under Sec. 311 Cr. P. C. to recall the prosecution witness No. 3 Dr. B. L. Meena for cross-examination.

(2.) THE learned counsel for the petitioners submits that two FIRs bearing No. 220/95 and 221/95 were registered in between complainant and accused party. THE petitioners also sustained injuries and they were medically examined by the same Dr. i. e. Dr. B. L. Meena who has been examined by the prosecutrix in the present case as PW. 3. He submits that the injury reports of the accused persons were not available when Dr. B. L. Meena was examined by prosecution on 10. 10. 2002 therefore, he could not be cross examined on this point on that day. He submits that it is true that the same doctor cannot become defence witness but certainly he can be cross examined in respect of injuries sustained by the accused persons as they were also medically examined by him.