S.C.AGARWAL, J. - (1.) HEARD learned counsel for the applicants, Sri S.K. Saroj, learned A.G.A. for the State and perused the material available on record.
(2.) THIS Application u/s 482 Cr.P.C. has been filed with a prayer to quash the order dated 5.2.2011 passed by IV Additional Sessions Judge, Agra in S.T. No.532 of 2007 (State Vs. Dharmveer Singh and others) under sections 307/302 IPC, P.S. Pinhat, District Agra, whereby application 112-B under section 311 Cr.P.C. for summoning Charan Singh and Indra Prakash for evidence and also for summoning P.W.1 and P.W.2 for further cross-examination was rejected. Learned counsel for the applicants has not pressed this application in respect of summoning Charan Singh and Indra Prakash for giving evidence. The application has been pressed only in respect of P.W.1 and P.W.2 for further cross-examination. The application 112-B moved before the trial court in this respect was made on the ground that P.W.1 Ram Prakash and P.W.2 Gajendra Singh could not be cross-examined on some vital points and facts, as at the time of cross-examination of these witnesses, the applicants were in jail and they could not properly brief their counsel.
(3.) THE prayer for summoning P.W.1 and P.W.2 for further cross-examination was refused by the trial court on the ground that these two witnesses have been thoroughly cross-examined and proper opportunity of cross-examination was provided to the defence and there is no reason to summon them again. It was further observed that the accused persons have not indicated the questions sought to be asked from these two witnesses in further cross-examination.;