RANDHIR SINGH JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 Cr.P.C. praying that the impugned order dtd. 5/2/2019 passed by the Additional Chief Judicial Magistrate, Jhunjhunu, whereby the application filed by the petitioners under Sec. 311 Cr.P.C. was dismissed, be set aside.

(2.) Briefly stated, the petitioners are facing trial in a Criminal Case pending in the court of Additional Chief Judicial Magistrate, Jhunjhunu. On 11/10/2018 examination-in-chief of PW. 7 Dr. Bhagchand Baghal was recorded and the matter was kept for cross-examination of PW. 7. But cross-examination of PW. 7 Dr. Bhagchand Baghal was not carried. Therefore, on 11/10/2018 the cross-examination of PW. 7 was closed and the case was fixed for prosecution evidence. The application filed by the petitioners under Sec. 311 Cr.P.C. was also dismissed vide order dtd. 5/2/2019.

(3.) The court below noted that before closing cross-examination of the prosecution witness, i.e. PW. 7, various opportunities were granted to the petitioners. But cross-examination was not carried. Therefore, on 11/10/2018, the cross-examination of PW. 7 was closed.