BACHHA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the Informant as well as learned counsel appearing for the State.

(2.) THIS application is directed against the order dated 13.02.2013 passed in Sessions Trial No.07 of 2000, whereby and whereunder the court after making alteration in the charge denied the opportunity to the defence to cross -examine the witnesses examined earlier on behalf of the prosecution.

(3.) MR . Rajan Raj, learned counsel appearing for the informant submits that the trial proceeded right from beginning by taking that it is a case of double murder, which would be evident from the fact that the prosecution did examine P.Ws.1, 2, 6, 10, 11, 17, and 18 and also adduced documentary evidences such as Exhibits 2/1, 2/3, 4, 6, 11 which evidences are related to murder of Manu Ansari and those witnesses had even been cross -examined by the defence and, therefore, the court did not consider it fit in the light of the provision as contained in Sub -Section (3) of Section 216 of the Cr.P.C. to allow the defence to summon or recall the witnesses and thereby, the court never committed any illegality.