CHET RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has challenged the order dated 30.3.2005, whereby his application moved under Sec. 311 Crimial P.C. for recalling the witnesses for the purpose of cross-examination has been dismissed by the learned trial Court.

(2.) Mr. Praveen Balvada, learned counsel for the Petitioner submits that the petitioner is not only an illiterate but also a poor person who has not been able to engage a counsel to defend himself in the trail. He further states that the trial Court has not appointed anyone as an Amicus Curiae to plead the case of the petitioner. Since, no counsel was present to represent the cause of the accused petitioner, therefore, no cross-examination could be done on behalf of the accused petitioner. Therefore, according to the learned counsel for the petitioner a grave injustice has been caused to the petitioner by dismissing the said application filed under Sec. 311 Crimial P.C.

(3.) On the other hand, learned P.P has argued that the statements of the witnesses were recorded in the presence of the accused petitioner but the accused petitioner did not bother to cross-examine the witnesses. He farther contends that the application filed under Sec. 311 Crimial P.C. has been moved only as a subter-fudge to prolong and delay the trail. Therefore, he has supported the impugned judgment.