- (1.) B. K. Rathi, J. The petitioners are accused in Sessions Trial No. 1265 of 1996 pending in the Court of Additional Sessions Judge, Fast Track Court No. 3, Etah. The petitioners moved an application under Section 311 Cr. P. C. to recall PW 1 and 2 for further cross-examination.
(2.) IT is alleged that by mistake the witnesses could not be cross-examined regarding the place of incident and manner of firing. It is also alleged that the petitioners have now engaged another Counsel who found that the witnesses has not been cross-examined on material points. It is further alleged that in the cross cases for offence under Section 307 IPC. , the parties have compromised and the case has ended in acquittal; that in the present case which is for offence under Section 302 IPC the parties have also compromised and, therefore, it is necessary to re-summon the witnesses for further cross-examination. It was also disclosed by the petitioners that the witnesses have no objection in recalling them for further cross-examination. However, the learned Additional Sessions Judge has rejected the application for recall of the witnesses by the impugned order dated 12-2-2002. Aggrieved by it, the present petition has been preferred.
(3.) I have heard Sri A. Kumar Singh, learned Counsel for the petitioners and the learned A. G. A. It has been argued by the learned Counsel for the petitioners that the witness could not be cross- examined fully and has to be cross-examined on several points. This argument of the learned Counsel for the petitioners does not appear to be correct. No specific point has been mentioned on which the witnesses are required to be further cross-examined. On the other hand, it appears that the cross case has been compounded and has ended in acquittal. The allegations show that this case has also been compounded and, accordingly, the witnesses are required to be recalled so that they may turn hostile. The purpose for recalling the witnesses for further cross-examination is that they may resile from the earlier statement by which they have supported the prosecution case as has been mentioned by the learned Additional Sessions Judge in his order. The learned trial Court has mentioned that earlier application to recall the witnesses was rejected on 8-6-2001 and since then several dates have been fixed for arguments.;