BRIJ PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By order impugned dated 12.11.2007 passed by learned Additional Sessions Judge (Fast Track) No.2, Hanumangarh, an application preferred by the petitioners under Section 311 Cr.P.C. to summon PW6 Vijay Laxmi for cross examination stood rejected.

(2.) The contention of counsel for the petitioners while assailing validity of the order aforesaid is that as a matter of fact PW6 Vijay Laxmi is the sole eye witness of the alleged occurrence of offence and denial of cross examination shall seriously prejudice right of the petitioners to advance their defence. It is also asserted by counsel for the petitioners that on 19.07.2007 the matter was adjourned due to non availability of the Presiding Officer and on 30.07.2007 the matter was adjourned due to non availability of prosecution witness.

(3.) Be that as it may, looking to all facts and circumstances of the case, I consider it necessary to meet the ends of justice to provide at least one opportunity to the petitioners to cross examine PW6 Vijay Laxmi.