S.C. Mital, J. - (1.) This revision petition is directed against the order dated 14.10.1997 passed by learned Special Judge (Woman Atrocities Cases. Sri Ganganagar whereby the application under section 311 Cr.P.C. filed by the petitioner was rejected, which was submitted with the prayer that the copy of the statement of Brij Lal witness recorded under section 174 Cr.P.C. may be furnished to the accused and Brij Lal may be recalled for further cross examination.
(2.) I have perused the impugned order. The learned trial court has rejected the application solely on the ground that this prayer was not made during the trial when statement of Brij Lal was taken on 26.6.1997 and the application on behalf of the accused petitioner is belated. The application on behalf of the accused under section 311 Cr.P.C. was presented on 25.9.1997 i.e. after three months, but the, trial was pending and other prosecution witnesses were yet to be examined. The learned counsel for the petitioner further urged that the copy of the statement of Brij Lal recorded under section 174 Cr.P.C. should have been supplied to the accused along with the papers submitted under section 173 Cr.P.C. The petitioner was not having knowledge that statement of Brij Lal was recorded during the inquiry under section 174 Cr.P.C. It is further contended that an application under section 311 Cr.P.C. can be submitted at any stage of the proceedings and it is in the interest of justice that the material witness Brij Lal is cross examined and confronted with his previous statements. The learned Public Prosecutor controverted the above argument and supported the impugned order.
(3.) Having considered the contention raised by the learned counsel for the petitioner, I am clearly of the view that the reasons assigned by the learned trial court for rejecting the application under section 311 Cr.P.C. are not convincing and justified. I am of the view that when the trial is still going on, it is in the interest of justice and for the just decision of the case that the copy of the statement recorded under section 174 Cr.P.C. should be made available to the petitioner accused and opportunity should be given to him to further cross-examine Brij Lal.;