Babli And Others vs State Of Uttarakhand And Another

Pankaj Purohit, J

By means of this C482 application, applicants have sought the indulgence of this Court for a direction to the learned trial court to grant opportunity to the applicants/accused to cross-examine the witnesses of facts and witnesses of recovery in the context of the offence under Sections 302, 201 IPC in Sessions Trial No.65 of 2012 (FIR No.254 of 2011) State Vs. Prabhunath and others, which is pending consideration before the Court of learned Additional Sessions Judge, Khatima, District Udham Singh Nagar.

It is contended by learned counsel for the applicants that earlier, learned Sessions Judge has framed charges against the applicants under Sections 304 and 201 IPC. But, after conclusion of the trial and before pronouncing the judgment, charge has been altered and the applicants have been charged alternatively for the offences punishable under Sections 302 and 201 IPC.

It is further contended by learned counsel for the applicants that this is a case of alteration, therefore, applicants only want opportunity to cross-examine the witnesses of facts and witnesses of recovery for his defense.

In this view of the facts and circumstances of the case, the present C-482 application is finally disposed of and it is provided that applicants may move an application before the learned Additional Sessions Judge, Khatima, District Udham Singh Nagar, to permit them to cross-examine the witnesses, who have already examined. However, it is provided that in the interest of justice, the said application shall be moved by the applicants within 10 days’ from today and the learned Additional Sessions Judge, Khatima, District Udham Singh Nagar would pass a separate order on the said application, in accordance with law.