HANUMANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Issue notice. Learned Public Prosecutor accepts notice for the State.

(2.) The instant revision petition has been preferred by the petitioner accused being aggrieved of the order dated 21.12.2015 passed by the learned Additional Sessions Judge, Deedwana in Sessions Case No. 6/2015 whereby, the trial Judge, exercising the powers under Sec. 309(2)(C) of the Cr.P.C., dispensed with the cross -examination of the witness Bhanwar Lal (PW -5).

(3.) Facts in brief are that the petitioner is facing trial in the court below for the offence under Sec. 302, IPC amongst others. On 21.12.2015, three prosecution eye -witnesses were present before the court. One of them, being Birda Ram was examined -in -chief. At that stage, the counsel for the accused petitioner submitted an application under Sec. 231, Cr.P.C. and prayed that the examination in -chief of all the witnesses be recorded first and thereafter, the accused be called upon to cross -examine them. The learned Public Prosecutor requested the trial court that all the three witnesses were present in the Court and that the accused was free to cross -examine them on the very same day. Therefore, the application submitted by the accused for deferring the statement of the witnesses be rejected. The trial court, after considering the arguments advanced by the counsel for the parties, held that since all the three witnesses namely Birda Ram, Nemaram and Bhanwar Lal were present in the court, the counsel for the accused could cross -examine them on the very same day one after the other. The court expressed that the counsel for the accused should co -operate in the matter for expeditious examination of the witnesses and thereafter, rejected the application for deferment filed by the accused. The cross -examination of the witness Birda Ram was dispensed with whereas, the statement of the witness Bhanwar Lal was recorded by the trial court on that very day. The petitioner accused has now approached this Court by way of the instant revision petition praying that the order dated 21.12.2015 passed by the learned trial court whereby, the cross -examination of the witness Birda Ram has been dispensed with, will cause serious prejudice to the accused petitioner's defence at the trial and thus, the said order may be modified suitably.