BACHHA SINGH @ BACHCHA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner Bachha Singh @ Bachcha Singh has field the petition under Section 482 of the Code of Criminal Procedure for setting aside the order impugned dated 7.1.2006 passed against the petitioner by the Additional Sessions Judge, FTC IV, Dhanbad in Sessions Trial No. 301 of 2002.

(2.) THE petitioner with another is facing trial for the offence under Sections 302, 307 and 120 -B of the Indian Penal Code and after framing of charge several witnesses have been produced and examined on behalf of the prosecution including the informant as PW 12 and the witness Manoj Kumar Singh as PW 13. The petition of the petitioner was rejected as impugned whereby and whereunder it was prayed for recalling of the Investigating Officer (PW 12) for his further cross - examination by way of drawing his attention in relation to certain development made in his evidence adduced by PW 13 beyond the statement made before the police under Sec.161 of the Code of Criminal Procedure. The Investigating Officer was examined on 1.7.2004 as PW 12 and after him Manoj Kumar Singh was produced and examined on 6.7.2004 and 8.7.2004 as PW 13.

(3.) FINALLY it has been submitted that from perusal of the order impugned it would be evident that such refusal was made on the following grounds :