BARUN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this petition, the petitioner has prayed for setting aside the order of learned Additional Sessions Judge, Fast Track Court No.I, Bokaro dated 24th January, 2005 passed in S.T. No.44 of 2002, rejecting the application of the petitioner dated 29th September, 2004 filed for recalling the prosecution witness, namely, Manoj Kumar -P.W.4, who is informant of this case.

(2.) IT has been stated that in the session trial, the informant -Manoj Kumar was produced as witness on 10th September, 2004. On that day, learned senior counsel was not available to cross -examine the informant and as such, a time petition was filed on behalf of the petitioner. It has been stated that in this case there are other accused also, who had engaged another counsel. After cross examination of the informant on behalf of the other accused persons, the said P.W.4 was discharged by learned court below, ignoring the petitioners petition for time and fixing th September, 2004 as the next date. While the case was still at the evidence stage, the petitioner filed petition for recalling the said P.W.4 for cross -examination on his behalf. The said petition has been rejected by the impugned order dated 24th January, 2005.

(3.) LEARNED counsel appearing on behalf of the informant, on the other hand, submitted that when the informant was produced and examined as P.W.4, counsel representing other accused persons cross -examined him at length. Some of the questions were also put to P.W.4, which relates to the petitioner -Barun Singh. The petitioner has not suffered any injury as alleged. The time petition was also not filed on genuine ground. The same was filed intentionally in order to linger the sessions trial. The petition was without any valid basis and the same was rightly rejected by the court below. Learned court below while rejecting the petition has taken into consideration that cross -examination on behalf of the other accused persons covered the defence of the petitioner and he has not been prejudiced as alleged by him.