SALIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 482 Cr. P. C. directed against the order passed by learned Sessions Judge, Jhala. war, on September, 6,1988; whereby he rejected an application for re-calling the prose-cution witnesses for cross examination.

(2.) THE facts leading to this application are that the accused-petitioners are facing trial for offence under Section 302 IPC and other provisions of the Indian Penal Code. THE case was fixed for prosecution evidence on March 22 1988, On this day seven prosecution witnesses were present in the court including three eye witnesses, namely, P. W. 1 Bhanwar Singh. PW2, Samuddar Singh and PW 3 Mohan Lal. On this day there was general strike of lawyers in the entire State of Rajasthan and as such no counsel appeared in the court. Since witnesses were in attendance, the learned Sessions Judge recorded the statements of the witnesses and asked the accused if they wanted to cross examine the prosecution witnesses. THE trial proceeded and on August 29, 1988 learned counsel for the accused-petitioners moved an application for re-calling three eye-witnesses for cross examination. This application was rejected by the learned Sessions Judge on September, 6,1988 by impugned order. THE learned Sessions Judge while rejecting the application observed that evidence had been closed in March, 1988 and the application has been moved on August 29, 1988; hence it appears that the same has not been filed in good faith. He further observed that opportunity had already been offered to the accused for cross examination of the witnesses P. W. 1, PW. 2 and P. W. 3, hence the application is rejected. THE case was then postponed for summoning the remaining witnesses of the prosecution.

(3.) THE petition is allowed that the order, dated 6-9-88, passed by learned Sessions Judge, Jhalawar, is set aside. He is directed to re-call the prosecution witnesses PWs 1,2 and 3 for cross examination by the learned counsel for the accused-petitioners. .