KISHUN KUMHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present revision has been filed under Sections 397 and 401 of the Code of Criminal Procedure against the order dated 07.02.2014 passed in S.T. Case No.400 of 2011 by the learned Additional Sessions Judge-VI, Spl. FTC, Dhanbad whereby the petition dated 06.02.2014 for recalling the P.W-1-Santosh Kumar Pandit for further cross-examination has been dismissed.

(2.) Learned counsel for the petitioners has submitted that in course of trial out of the seven charge sheeted witnesses four prosecution witnesses including the informant was examined; that P.W.1 namely Santosh Kumar Pandit who is the brother of the deceased was examined and cross-examined, however, his attention could not be drawn to the contradiction in his statement recorded under Section 161 Cr.P.C; that the application was made under the provisions of 311 Cr.P.C for recall and re-examination of P.W-1 but it was rejected. That by the impugned order, it has been held that the intention of the accused-petitioners seems to be mala fide and to cause unnecessarily delay in the trial. It has been submitted by the learned counsel that P.W.-1 was cross-examined at length but the material omissions and contradictions could not be elicited and this will prejudice the defence.

(3.) Learned counsel for the State has submitted that the accused-petitioners have cross-examined at length, P.W-1, Santosh Kumar Pandit; that the application under Section 311 Cr.P.C was filed after ten months and the court has rightly rejected the prayer on the ground of bona fide of the application.