LAWS(SIK)-2001-5-1

AMRIT RAI Vs. STATE OF SIKKIM

Decided On May 28, 2001
AMRIT RAI Appellant
V/S
STATE OF SIKKIM Respondents

JUDGEMENT

(1.) Heard Mr. B. K. Rai, learned advocate appearing for the accused and Mr. S. P. Wangdi, learned Public Prosecutor appearing for the State.

(2.) By filing this application, Mr. B. K. Rai, learned Advocate submits that on 26/05/2001 the Investigating Officer (in short the I.O.) was cross-examined and as the cross-examination could not be completed by the learned counsel appearing for the accused persons, the I.O. has to be cross-examined again. Mr. Rai submits that since it was already 4.00 p.m., the cross-examination could not be completed.

(3.) It is the duty of the lawyers conducting the case for the prosecution as well as accused to see that if the examination or cross-examination of witness is not completed on a particular day, it should continue on the next working day and in the present case, time was granted till 27/06/2001. The learned trial Court should not have granted such long adjournment, particularly when the I.O. will have to be cross-examined.