AMIT KUMAR S/O KRISHNA SWAROOP Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-5-116
HIGH COURT OF UTTARAKHAND
Decided on May 16,2012

Amit Kumar S/O Krishna Swaroop Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has challenged the order dated 16.04.2012, passed by Additional Sessions Judge/II Fast Track Court, Dehradun, in Sessions Trial No. 108 of 2009, State vs. Amit & others, relating to offences punishable under section 366, 376 IPC, whereby said court has rejected the application under section 311 Cr.P.C., moved by the petitioner (accused) for recall of P.W. 1 Surendra Pal Gangwar.
(3.) Perusal of the papers on record show that P.W. 1 Surendra Pal Gangwar was not only examined but also cross-examined before the trial court. After his evidence was closed, statement of P.W. 2 Urvashi was recorded. An application was moved by the accused (present petitioner) for recall of P.W.1 Surendra Pal Gangwar. The trial court after hearing the parties, found that there was no justification to recall P.W. 1 Surendra Pal Gangwar who has already been cross examined on behalf of the accused.;


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