BABU SINGH Vs. STATE

JUDGEMENT

(1.) THE instant revision petition under Section 397/401 Cr.P.C. is directed against the order dated 4.4.2005 passed by the learned Addl. District and Sessions Judge (Fast Track) No. 2, Ajmer camp Beawar in Sessions Case No. 9/2004 rejecting the application filed by the petitioner under Section 311 Cr.P.C. for recalling the witnesses for cross-examination.

(2.) THE brief facts, necessary for the disposal of this revision petition are that the petitioner is facing trial on charge for the offence under Section 302 IPC before the learned court below. He moved an application under Section 311 Cr.P.C. on 4.4.2005 before the learned trial court stating therein that two eye-witnesses namely Shanker PW6 and Basanta PW7 could not be cross examined on the dates fixed for their cross examination because the learned counsel who was conducting the trial on his behalf was suffering from acute diarrhea and could not appear in Court. The said application was declined by the trial court. Hence, this revision petition.

(3.) LEARNED Public Prosecutor has tried to support the order of the learned Court below. He has submitted that sufficient opportunity was afforded to the petitioner to cross-examine the witnesses and the impugned order is well reasoned which calls for no interference by this Court.