The accused's right to cross-examine witnesses in a serious case under Section 302, IPC, and the court's discretion to order the recall of witnesses in the interest of justice.

G. S. N. TRIPATHI, J.

( 1 ) THIS revision is directed against the order dated 2-4-1996 passed by the District Judge, Kanpur Nagar in S. T. No. 134 of 1995 State v. Nanhkau and others.

( 2 ) FORMERLY, the accused had engaged no private counsel. Therefore, Amicus Curiae was provided to him at a later stage. On 17-8-95, the accused engaged a private counsel. Thereafter, he prayed that two witnesses, namely P. W. 1 Gauri Shankar and PW-2 Arvind Kumar, who had already been cross-examined by the learned Amicus Curiae, be recalled for further cross-examination. The learned lower Court has rejected this application without assigning any reason.

( 3 ) IN the interest of justice, it is essential that in a serious case like this, under Section 302, IPC the accused be given abundant opportunity to cross-examine the witnesses. This is a question of life and death for the accused.

( 4 ) IN the interest of justice, it is ordered that the learned lower Court shall recall the two witnesses aforesaid for cross-examination by the private counsel for the accused.

( 5 ) THE revision, is therefore, allowed. The order dated 2-4-1996 passed by the learned lower Court is set aside. The learned lower Court shall recall the aforesaid these two witnesses only for further cross-examination by the learned counsel for the accused on 2-7-1996. Thereafter, proceedings shall be taken on day to day basis and he shall decide the matter in accordance with law. A copy of this order shall be given to the learned counsel for the revisionist on payment of usual charges. Revision allowed.

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