BOMBAY HIGH COURT
Smt. Vibha Kankanwadi, J
Sanjay s/o Shankar Bhalkar – Appellant
Versus
The State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenging deposition order affects trial. (Para 1 , 2) |
| 2. restrictions on cross-examination questioned. (Para 3 , 4) |
| 3. trial court's discretion essential in cross-examinations. (Para 5 , 6 , 9 , 10) |
| 4. relevancy and admissibility must guide questioning. (Para 7 , 8 , 11 , 12 , 13 , 14 , 15) |
JUDGMENT :
1. Present petition has been filed by the original accused persons challenging the order in deposition of P.W.18 (Exhibit 215) in para No.14 and 15 in Sessions Case No.153 of 2015, by learned Additional Sessions Judge, Aurangabad on 04-10-2019. Application No.3620 of 2019 has been filed by the original informant for intervention.
2. The present petitioners–original accused persons are facing charge under Section 302 read with 34 of Indian Penal Code in the said case. The prosecution has examined P.W.18 Dr. Kailash Zine who had conducted the autopsy. His examination-in-chief is complete and he is under cross-examination. It is contended in the petition that, the post mortem report is exhibited as Exhibit 216 and the diagram of injuries sketched and appended to the report are at Exhibit 217. P.W.18 Dr. Kailash Zine had brought file of treatment papers of the deceased and
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