High Court Kerala High Court

Reji vs State Of Kerala on 6 March, 2007

Kerala High Court
Reji vs State Of Kerala on 6 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 611 of 2007()


1. REJI, S/O.IYPE POULOSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :06/03/2007

 O R D E R
                                    R.BASANT, J

                          ------------------------------------

                             Crl.M.C.No.611 of 2007

                          -------------------------------------

                    Dated this the  6th day of March, 2007


                                        ORDER

The petitioner claims the luxury of a further opportunity to cross

examine PW8, a doctor, who was examined as a witness against him

in a prosecution under Section 307 I.P.C. The doctor was cross

examined also. But it is now submitted that in the course of cross

examination, vitally relevant questions have been omitted to be put to

the doctor. The petitioner does not blame anyone else, but laments

that if the necessary questions were not put to the witness by

recalling him, that will cause great hardship and prejudice to the

petitioner.

2. The learned Judge by the impugned order rejected the

said prayer holding that it would only further delay the proceedings.

3. The learned counsel for the petitioner submits that the

doctor is available and is working within the district of Ernakulam.

Trial is being held before the Additional Sessions Judge of Ernakulam.

In these circumstances, subject to any appropriate and reasonable

terms, the petitioner may be granted opportunity to recall and further

cross examine PW8, it is prayed.

Crl.M.C.No.611 of 2007 2

4. It may not be correct to say that I am too impressed with

the need to recall the witness. But I take note of the fact that the

petitioner is one who is facing a criminal trial and his grievance that

the omission or the alleged omission of his counsel should not be

permitted to operate against him in the adjudication of culpability

does weigh with me to indulgently grant the petitioner a further

opportunity.

5. PW8 will certainly be unnecessarily inconvenienced to

come to the Court again. But I am satisfied that insistence on

appropriate terms to compensate him shall ensure the interests of

justice.

6. This Crl.M.C is, in these circumstances, allowed. The

petitioner shall be permitted by the learned Sessions Judge to recall

PW8 on condition that the petitioner deposits bata and expenses for

the witness and a further amount of Rs.250/- (Rupees Two hundred

fifty only) which shall be released to PW8 when he appears before the

learned Sessions Judge.

7. Hand over a copy of this order to the learned counsel for

the petitioner. The same shall be produced before the learned

Sessions Judge before 09.03.2007 and the necessary steps shall be

taken forthwith.

(R.BASANT, JUDGE)

rtr/-

Crl.M.C.No.611 of 2007 3