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| Amandeep murder case: "Plea" for deferral of witness's cross-examination rejected | | | EARLY TIMES REPORT
JAMMU, Apr 20: In the Amandeep murder case, 2nd additional sessions judge Vinod Chatterji Koul today rejected an application filed by Choudhary Nagar Singh and his son Jatinder Singh, seeking deferment of the cross-examination of prosecution witness Deepinder Kour, who is the victim's mother.
The accused filed the application on the ground that two eyewitnesses -- Sandeep Singh and Tej Pal Singh -- were closely related to the deceased. While Sandeep is brother of the deceased and Tej Pal Singh is a close relative.
The judge observed that section 344 of CrPC made it obligatory for the court to examine all the witnesses without granting any adjournment.
The term examination used in the section meant complete examination, ie examination-in-chief and cross-examination. So a cogent reading of section 272 (2) and section 344 of CrPC had no scope for deferral of cross-examination of any witness, he said.
The court said the proceedings could not be kept in breathless suspense quo-ad-hoc, under the umbrella of section 272 (2) of CrPC because there was absolutely no justification for doing so. The judicial discretion contemplated by the section could not be invoked for facilitating subversion of the trial as discretion was not a wild horse which could tread anywhere. With these observations, the court dismissed the application.
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