JUDGMENT

G.S. ahluwalia, J. - This criminal revision under Section 397, 401 of CrPC has been filed against the order dated 23.12.2021 passed by the Fourth additional Sessions Judge, Bhind in Sessions Trial No.104/2018, by which the application filed by the applicant under Section 311 of CrPC has been rejected.

It is submitted by the counsel for the applicant that the applicant is facing trial for offence under Sections 302/34, 304-B of IPC and Sections 29 and 30 of arms act. Prosecution has already examined nine witnesses. However, counsel for the applicant could not effectively cross-examine Kamlesh (PW-2) and ambika Prasad (PW-3), therefore, the application under Section 311 of CrPC was moved, however, the said application has been rejected by the impugned order.

Challenging the order passed by the Court below, it is submitted by the counsel for the applicant that it is well established principle of law that no party should suffer because of incompetence of his Lawyer. Kamlesh (PW-2) and ambika Prasad (PW-3) are important witnesses and since their earlier counsel could not effectively cross-examine them, therefore, the Court below should have granted an opportunity to the applicant