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Judgment
10 paragraphs · 181 wordsHeard on admission.
This revision has been preferred against the order dated 9.4.2018 passed by the Additional Sessions Judge (FTC), Dantewada in Sessions Trial
No.144 of 2012 rejecting the application preferred by the accused under Section 311 of the Code of Criminal Procedure.
From perusal of the material available, it reveals that Hasturam Diwan (PW3) has been examined and cross-examined on 19.3.2013. From certified
copy of the statement of Hasturam Diwan, it appears that this witness has been declared hostile because he did not support the case of the
prosecution. On 27.3.2018, an application under Section 311 of the Code of Criminal Procedure was preferred for recalling Hasturam Diwan (PW3)
for further cross-examination. Since Hasturam Diwan (PW3) has already been declared hostile because he did not support the case of the prosecution
and no specific ground for recalling him has been urged in the application under Section 311 of the Code of Criminal Procedure, I find that the Trial
Court has rightly rejected the said application.
The revision has no merit. It is, therefore, dismissed in limine.