Allahabad High Court
RAM KHILARIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANTOSH RAI
Holding
The appellant must be afforded one effective opportunity to cross‑examine PW‑1 and PW‑2, and the trial court’s order is set aside to that limited extent.
Summary
The appellant, Ram Khilari, appealed against his conviction under IPC sections 302 and 504 and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, contending that he was denied an effective opportunity to cross‑examine two prosecution witnesses, PW‑1 Raj Kumar and PW‑2 Deepchand. The appellant argued that his application under Section 311 of the CrPC to recall the witnesses for cross‑examination was rejected, and that he was either absent or his counsel was absent when the witnesses were examined. The High Court examined whether the trial court had violated the principles of natural justice by closing the cross‑examination without affording a proper chance. It held that the appellant must be given a single effective opportunity to cross‑examine PW‑1 and PW‑2, while the rest of the trial court’s order was affirmed. Accordingly, the appeal was partly allowed, directing the trial court to permit the cross‑examination on the same day, bear the witnesses’ conveyance costs on the defence, and prohibit further adjournments.
Issues considered
- Whether the trial court erred in denying the appellant an effective opportunity to cross‑examine PW‑1 and PW‑2.
- Whether the rejection of the Section 311 CrPC application violated the appellant’s right to a fair trial and principles of natural justice.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 311
- Indian Penal Code — s. 302, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- criminal appeal
- cross‑examination
- natural justice
- Section 311 CrPC
- SC/ST Act
- IPC 302
- IPC 504
- procedural fairness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 9741 of 2026
Ram Khilari
.....Appellant(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Appellant(s) : Sandeep Kumar
Counsel for Respondent(s) : G.A.
Court No. - 93
HON'BLE SANTOSH RAI, J.
1. Heard learned counsel for the appellant and learned AGA for the State.
2. The present criminal appeal has been filed by the appellant with a
prayer to set aside the entire proceeding as well as the impugned order
dated 3.7.2026 passed by Special Judge, SC/ST (PA) Act, Aligarh in
Session Case No.778 of 2021 (State vs. Ram Khilari), arising out of Case
Crime No.253 of 2020, under Sections 302, 504 IPC and Section 3(2)(v)
of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, P.S.- Palimukimpur, District- Aligarh.
3. Learned counsel for the appellant submits that no effective opportunity
of cross-examination was afforded in respect of PW-1 Raj Kumar, PW-2
Deepchand and PW-3 Komal. It is further submitted that an application
under Section 311 Cr.P.C. seeking recall of the said witnesses for cross-
examination was moved before the trial court, but the same was rejected.
4. From the testimony of PW-1, it appears that the appellant was not
present when the witness was tendered for cross-examination, and
consequently the opportunity was closed. However, in respect of PW-2,
his testimony records that the appellant Ram Khiladi was present, though
neither he cross-examined the witness nor was his counsel present, and no
application seeking adjournment was moved on his behalf. Thus, the trial
court closed the opportunity of cross-examination of PW-2. As regards
PW-3, who turned hostile during trial and did not support the prosecution
case, no useful purpose would be served by recalling him for cross-
CRLA No. 9741 of 2026
2
examination. Nevertheless, in compliance with the 'principles of natural
justice', it would be just and proper to grant an effective opportunity to the
appellant to cross-examine PW-1 and PW-2 only.
5. Accordingly, the appeal is partly allowed.
6. The impugned order dated 3.7.2026 passed by the trial court is set aside
to the limited extent that the appellant shall be afforded one effective
opportunity to cross-examine PW-1 (Raj Kumar) and PW-2 Deepchand.
In other respects, the impugned order is affirmed.
7. In the event PW-1 and PW-2 appear before the trial court, the expenses
for their conveyance etc. shall be borne by the defence, and the trial court
may direct the appellant to deposit or pay reasonable compensation to the
witnesses and impose such other reasonable conditions as it deems fit.
The defence shall complete the cross-examination of PW-1 and PW-2 on
the very same day, and no further adjournment shall be granted. The trial
court shall try to conclude examination of above witnesses, within six
weeks from receipt of this order.
8. Registrar (Compliance) is directed to serve a copy of this order by
FAX/e-mail to the court concerned through District & Sessions Judge
concerned within 48 hours.
(Santosh Rai,J.)
September 24, 2026
RA
Digitally signed by :-
RAZIQ ALI
High Court of Judicature at Allahabad
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