KAMAAL @ KAMRUDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner have preferred this misc. petition under Sec. 582 of the BNSS against the order dtd. 30/5/2025 passed by learned Additional Sessions Judge No. 2, Barmer in Sessions Case No. 71/2024 whereby an application under Sec. 311 of Cr.P.C. filed by the petitioner-accused seeking re-summon of the witness has been dismissed.

(2.) Learned Counsel for the petitioner states that PW-20 i.e. Chairman of the Medical Board, under whose supervision the post-mortem was performed, was not examined with respect to the videography of the post-mortem. He submits that such examination could not be done as the video was not produced before the learned Trial Court.

(3.) Counsel further submits that the incident in question occurred on 7/7/2023 and it is only on 6/3/2025 that last witness of prosecution was examined. The delay in trial, if any, is not attributable to the petitioner-accused. Hence, in the interest of justice one opportunity to recall/summon the concerned witness be granted to the petitioner.