- (1.) HEARD learned counsel for the parties.
(2.) PETITIONERS have preferred this revision petition, challenging order dated 17.06.2011 passed by Additional District and Sessions Judge, No. 2, Deeg, District Bharatpur in Sessions Case No. 22/2010, whereby cross-examination of P.W. 7, P.W. 11 and P.W. 12 was treated as complete. Submission of learned counsel for the petitioners is that the petitioners are facing trial under Section 302 I.P.C. and they have not been allowed to cross-examine P.W. 7, P.W. 11 and P.W. 12, who are important witnesses and in case, their right to cross-examine these prosecution witnesses is closed, then they will suffer irreparable injury. It is further argued that one of the reasons given by learned trial court for closing the cross-examination is that the petitioners were granted time to cross-examine these witnesses on payment of cost, but the same has also not been paid and the petitioners are now ready to pay the said amount of cost, therefore, one last opportunity may be granted to the petitioners to cross-examine P.W. 7, P.W. 11 and P.W. 12. Learned Public Prosecutor submitted that the the reasons assigned by the trial court for closing cross-examination of these three witnesses are absolutely legal and justified and no interference in the said order is called for. I have considered submissions of learned counsel for the parties and examined impugned order passed by the trial court. The trial court has observed that examination-in-chief of P.W. 7 took place on 22.12.2010 and the case was fixed for his cross-examination on 11.01.2011, 15.01.2011, 27.01.2011, 11.03.2011, 25.03.2011, 08.04.2011 and 23.05.2011, but he was not cross-examined by counsel for accused-petitioners. Similarly, P.W. 11 and P.W. 12 were examined on 04.02.2011 and P.W. 12 was present on 11.03.2011, 25.03.2011, 08.04.2011, 23.05.2011 for cross-examination, but he was not cross-examined. P.W. 11 was also available for cross-examination on 23.05.2011, but he was not cross-examined by counsel for accused-petitioners. Trial court has also observed that P.W. 7 and P.W. 12 both were directed to remain present for cross-examination on payment of cost, but accused are not ready to pay the amount of cost also. The matter was listed on 17.06.2011 and a similar prayer was again made to the trial court for grant of time for cross-examination of these three witnesses, the trial court was of the view that a sufficient opportunity has been granted to accused-persons, as mentioned above and further that the amount of cost has also not been paid by accused-persons, therefore, no further opportunity is required to be granted them and cross-examination of these witnesses, i.e. P.W. 7, P.W. 11 and P.W. 12 be treated as complete.
(3.) ALTHOUGH reasons assigned by trial court appear to be reasonable and justified, but in view of the fact that the petitioners are facing trial in a murder case wherein punishment of imprisonment is not less than life imprisonment, therefore, I think it fit and proper that ends of justice will meet, in case one last opportunity is granted to accused-persons for cross-examination of these three witnesses i.e. P.W. 7, P.W. 11 and P.W. 12. In view of above, revision petition is disposed off as under: (i) Learned counsel for the accused-petitioners undertakes that the amount of cost, as per earlier direction of the trial court, will be paid/deposited by accused-petitioners within a period of three weeks from today. (ii) On payment/deposit of amount of cost, learned trial court shall summon P.W. 7, P.W. 11 and P.W. 12 on a particular date with a gap of 15 days for their cross-examination by learned counsel for accused-persons. If cross-examination is not completed within a day, then the same will continue on the next working day. (iii) It is made clear that in case learned counsel for accused-persons does not cross examination these witnesses, despite their presence in the Court, then their right to cross-examine these witnesses will stand closed. Registry is directed to send a copy of this order to concerned Court for compliance. ;