Criminal Procedure Code, 1973
Section 311—Dismissal of application for recalling of prosecution witness for further examination—Revision—Submission that due to an unfortunate incident, the petitioner was unable to appear before the court to assist the counsel for cross-examining the prosecution witness—Petitioner had unfortunately got injured due to gunshot to his jaw and was undergoing multiple surgeries for treatment of such gunshot injury—Right to cross-examination is an indelible part of trial and the petitioner and persons like petitioner have a complete right to cross examine the prosecution witness and attempt to discredit and/or demolish the version of the prosecution witnesses—Trial court was aware about medical records of petitioner and it appears to not have considered sympathetically his condition—One opportunity can and ought to be granted to the petitioner for conducting further cross-examination of prosecution witness—Permission granted subject to cost—Petition allowed.
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