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Judgment
Rajani Dubey, J
By the impugned order dated 06.09.2019 passed in Sessions Trial No.88/2018 by Additional Sessions Judge (FTC), Baikunthpur, District Koriya
(C.G.), an application filed under Section 311 of Cr.P.C. by the applicants has been rejected and refused to recall Dr. Shubhashish Karan (PW/9).
Learned counsel for the applicant would submit that on the date of examination of Dr. Shubhashish Karan (PW/9), the senior counsel was not
present on account of some physical ailment and his junior could not cross-examine this witness effectively, and therefore, this witness may be
recalled. Learned counsel for the applicants further submits that Dr. Shubhashish Karan (PW/9) is an important witness, who conducted postmortem
examination of the deceased and the applicants are facing trial under Section 304(B) IPC.
A bare perusal of the statement of Dr. Shubhashish Karan (PW/9) would show that on 12.04.2019, firstly examination-in-chief was recorded and,
thereafter, he entered into cross-examination but no question was put to this witness by the defence counsel. Dr. Shubhashish Karan (PW/9) is an
important witness and he could not be cross-examined as the defence counsel was unwell. Therefore, in the interest of justice, this Court is of the
opinion that Dr. Shubhashish Karan (PW/9) be recalled for cross-examination on the next date of hearing, subject to payment of cost of Rs.5,000/- to
PW/9 by the applicants, failing which the right to cross-examination shall stand closed. The trial Court to issue summon accordingly.
With the aforesaid direction, the revision is disposed of at the motion stage itself.
The copy of this order be sent to the Court below concerned for information and necessary action.
Certified copy today itself.