C.L.SONI
MENASHI RAJABHAI KATHAD – Appellant
Versus
STATE OF GUJARAT – Respondent
C.L. SONI, J.
1. By the present petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 20.12.2012 passed by the learned Additional Sessions Judge, Una. It appears that during the trial of the Sessions Case No. 67 of 2001 (New Sessions Case No. 35 of 2012) for the offences punishable under section 498A, 306 and 304B of the Indian Penal Code, the petitioner – accused made an application at Exh. 196 dated 20.10.2008 seeking recall of the witness No.1 and 3 examined by the prosecution for the purpose of their further cross-examination on the ground that during their cross-examination, some important questions were left to be put to them by inadvertence. Learned Judge rejected such application on the ground that the chief-examination and the cross-examination of these two witnesses were over on 1.3.2007 and 15.3.2007 respectively and it was not stated in the application that for what reason, the defence party – petitioner wanted further cross-examination of the said two witnesses or it was not stated in the application that which questions were required to be put in the cross-examination. Learned Judge has observed that the
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