State v. Prashant Kumar, relating to offences punishable under section & Ors.

Shri K.S. Verma, Advocate, present for the petitioners. Shri G.S. Sandhu, G.A. with Shri M.A. Khan, Brief Holder, present for the State. Heard. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C) the petitioners have sought a direction from further this Court to the trial court to allow examination of P.W.6 Dr. Surendra Singh Bisht and P.W.12 Shri Kiran Lal Sah, in sessions trial no. 19 of 2006, State vs. Prashant Kumar & others, relating to offences punishable under section 304B and 498A I.P.C., and one punishable under section ¾ of Dowry Prohibition Act, 1961. From the perusal of the papers on record, it appears the petitioners were given opportunity to cross-examine the aforesaid witnesses and they have cross-examined the witnesses. It is also pertinent to mention here that after the close of the prosecution evidence, statement of the accused was recorded under section 313 of Cr.P.C., and thereafter, even the defence evidence has been recorded. If the further examination of the prosecution witnesses is allowed unless there are compelling reasons, it would encourage the winning over the witnesses and frustrate the object of the fair criminal trial. Apart from this, the application moved on behalf of accused/petitioners (Copy of which is Annexure-3 to the petition) shows that it is not specified what questions are left out in cross-examining the witnesses (the questions are not specified). The trial court has observed that the application has been moved by the accused only to linger the proceedings. In the above circumstances, this Court is not inclined to interfere with the impugned order passed by the trial court rejecting the application 140A in the session’s trial. Therefore, the petition under section 482 of Cr.P.C., is dismissed summarily. (P.C.P., J) Parul 24.06.2010