SHYAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 482 Cr.P.C. in Sessions Case No. 93/88 against the order of the learned Sessions Judge dated 16 -12 -1988 where by he rejected the application for recalling the witnesses under Section 311, Cr.P.C. The sessions case was fixed on 15the and 16th December, 1988. On 15 -12 -1988 when the witnesses were produced before the Court, an application was moved by learned Counsel for the accused Shyamlal who was in custody that his file has been sent to Jaipur as the bail application of the accused is listed in High Court hence he could not prepare the case and the statements of the witnesses may be conferred. He also mentioned that he is prepared to pay the expenses of the witnesses according to the rules. This application of the petitioner was rejected by the learned Sessions Judge and he recorded the statement of witnesses PW 1 to PW 5. Learned counsel for the petitioner did not cross examine the witnesses since he was not prepared. On 16th December, 1988 when the witness appeared, he cross -examined them and moved an application for recalling the witnesses PW 1 to 5 for cross -examination but the said application was rejected vide order dated 16 -12 -1988. It is against this order that the present petition has been filed.

(2.) LEARNED counsel for the petitioner has submitted a certified copy of the bail order passed by this Court on 15 -12 -1988 and submitted that the learned Counsel for the petitioner had not made a lame -excuse for deferring the recording of the statements of witnesses and trial Court ought to have given him one opportunity. It is submitted that it would in the interest of justice to recall the witnesses because in such serious cases an accused should not be deprived of his right of cross -examination.

(3.) I have considered the rival contentions and have perused the application dated 15 -12 -1988 and order thereupon, similarly the application dated 16 -12 -1988 and order there upon, along with the order passed by the Hon'ble Kapoor J. on 15 -12 -1988.