MD.EKARAM @ GOLA @ EKARAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision is directed against the order dated 02.02.2015 passed by the Additional Sessions Judge, Hazaribagh in S.T.NO.636/2012 whereby the application of the petitioner under Section 311 Cr.P.C. for recall of the witnesses, namely, P.Ws.1,5,6 and 7 for further cross -examination was rejected.

(2.) Learned counsel for the petitioner has submitted that it would be evident that charge was framed on 10.01.2013 and on 24.01.2013 seven witnesses were examined due to which learned counsel could not put up certain relevant questions to some of the witnesses who were examined in one day. That for certain clarifications in the ambiguity of the testimony of the witnesses, further cross - examination is necessary to bring on record certain material facts in defence of the accused. It is submitted that the petitioners have no intention to delay the trial, rather it is necessary to cross -examine the witnesses to elicit material facts in defence of the accused and if the witnesses are not recalled it shall cause prejudice to the accused/petitioners. It is submitted that the petitioners are willing to deposit the requisite cost for recall of the witnesses and undertake to cross -examine them within the period or date fixed by the court.

(3.) Learned A.P.P. on behalf of the State has submitted that there is no illegality or infirmity in the order. It is submitted that it would be evident that recall of the witnesses was made on vague ground that relevant questions were not put up and there is ambiguity in the testimony of the witnesses. It is urged that the petitioners are intentionally trying to delay and linger the trial.