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Judgment
K.H.N. Kuranga, C.J.—This petition is listed for admission today. With the consent of both the counsel, this petition is heard and disposed of on merits.
The Petitioners are the accused in S.T. No. 339/2002, on the file of the III Fast Track Additional Sessions Judge, Korba. They have in this petition challenged the order passed by the learned Sessions Judge, refusing to grant permission to ask questions beyond the contents of seizure Panchanama to PW-6, who was examined as a Panch witness. PW-6 was examined before the Court regarding the contents of seizure Panchanama.
Learned Counsel appearing for the Petitioners wanted to ask questions beyond what is stated in the seizure Panchanama. The Court refused to grant permission on the ground that the witness can be asked question regarding the contents of the Panchanama only and not beyond that.
Section 138 of the Indian Evidence Act reads thus-
The examination and cross examination must relate to relevant facts but the cross examination need not be confined to the facts to which the witness testified on his examination in chief.
This shows that cross examination of the witness need not be confined to the facts to which the witness testified on his examination in chief.
In the circumstances, that part of the order passed by the court below refusing to grant permission to the counsel to put questions beyond the contents of the Panchanama cannot be sustained. Accordingly, the petition is allowed. That part of the order passed by the learned Sessions Judge refusing to grant permission to the counsel to put questions beyond the contents of the Panchanama is set aside. The learned Sessions Judge is directed to recall the witness PW-6 and permit the counsel for the Petitioners to further cross examine the witness.
Parties are entitled for certified copy of this order.