SANJAY ALIAS SUNIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, it has been prayed that order dated 21.6.96 may be quashed and witnesses mentioned in para No. 5 to be recalled for further cross-examination.

(2.) On a report dated 17.8.91 of Shri Jagmai Singh, a case U/s. 302 Penal Code was registered in Police Station Banipark. During investigation, the accused was arrested. The police after investigation, submitted the charge-sheet on 15.10.91. During trial, all the prosecution witnesses were examined. The case was listed for final hearing on 2.7.95. On 20.7.95, it was found that exhibit pertaining to finger prints and specimen signatures were not put for cross examination. Thereafter, instead of listing the case for final arguments, the prosecution has recalled Bhure Khan, Abdul Abbas, and Gurudayal Singh to prove those finger prints and specimen signatures. Thereafter petitioner moved this petition when the specimen signatures and finger prints exhibits were not put for cross examination and petitioner had no chance to cross examine the concerned witnesses, it is prayed that Pawan Kumar, Jagmal Singh, Pratap Singh, Bhanwar Lal, Annu Khan, Ratan Lal, Rajendra Sharma, Prem Narain, Avtar Singh, Dr. S.K. Pathak, Pramod Kumar and Saiuddin be re-examined and petitioner be allowed to cross examine those witnesses.

(3.) At the time of hearing this petition, the Court put query to Mr. Khandelwal how these witnesses are relevant and what exactly the facts they want to bring on record on examination of these witnesses. Mr. Khandelwal fairly admits that Pawan Kumar, Annu Khan, Dr. S.K. Pathak, Pramod Kumar, Avtar Singh and Saiuddin have nothing to do with the specimen signatures of the accused persons, therefore, they need not be called for examination in court.