SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1999 Supreme(Raj) 321

MOHD.YAMIN
Chaina Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M.L. Garg, for Petitioner S.S. Sharma, Public Prosecutor

Honble YAMIN, J.–Here is an example when change of advocate required cross examination of some witnesses. Petitioners Chaina Ram Lakha Ram are facing trial for offence under Section 302 IPC before learned Additional Sessions Judge, Sojat. During trial Hema Ram PW-1, Rajaram PW-4 and Ghewar Ram PW-5 were examined. They were cross examined at length by the learned counsel on be- half of accused persons. But some how or the other the accused persons changed advocate. He was dissatisfied by the cross examination of above witnesses made by his predecessor advocate. He moved an application under Section 311 and 231 (2) Cr.P.C. and prayed that the accused persons may be granted opportunity to further cross examine these witnesses. Learned Additional Sessions Judge dismi- ssed it. Hence this revision.

(2). I have heard Shri Garg and Shri S.S Sharma, public prosecutor.

(3). Admittedly scope of Section 311 Cr.P.C. is such that lacunae cannot be filled in. So far as provision under Section 231 (2) Cr.P.C. is concerned, it provides that the Judge may, in his discretion, recall any witness for further cross examina- tion. This discretion of the Judge should be judicious and it need not be reitera




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top