FAZRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under Section 482 is directed against the order of learned Addl. Sessions Judge, Deeg dated 28 -1 -1987.

(2.) A challan under Sections 302, 307, 147, 148 and 149, I.P.C. was pending before the Addl. Sessions Judge, Deeg against the petitioner and other persons. The evidence in that case was concluded on 22 -8 -1985 and the case was fixed for final argument on 29 -8 -1985. On this date instead of hearing final arguments, the learned trial Court suo moto modified the charges and ordered to frame charge substantively Under Section 307 and 302, I.P.C. This modification in the charge was not challenged by the accused persons and they agreed to it. Thereafter, on 29 -8 -1985 an application was moved by prosecution to examine Shivganesh as their witness. He was examined and the case was fixed for further cross -examination of the prosecution witnesses with regard to modified charge. The case was fixed for 27 -1 -1987 and on this date the prosecution wanted to examine Uttam Lal who was initially cited as a witness by the prosecution but was not examined. No application was moved by the prosecution to examine Uttam Lal but it seems that the trial Court suo moto ordered to examine Uttam Lal. The accused persons moved an application on 27 -1 -1987 requesting that further cross -examination of the prosecution witnesses be completed and thereafter the Court may examine Uttam Lal. On this application the Court passed the order to pay cost to Uttam Lal by the accused persons and Uttam Lal was bound down for next date.

(3.) UNDER such circumstances, the petition under Section 482 is accepted and the trial Court is directed to permit the accused person to further cross -examine the prosecution witnesses and thereafter permit the prosecution to examine Uttam Lal and that too for the modified charge.