P&H: Allows Accused to Further Cross-Examine Doctor After Prosecution Witness’s Testimony

punjab-haryana
⚖️ Order Date: 15 Oct 2026
Headnotes

(i) Criminal Procedure Code, 1973, S.311 — Recall of witness — Medical Evidence — After prosecution witness examined u/s.311 Cr.P.C clarified matters bearing directly on medical evidence, accused were entitled to further cross-examine doctor on nature of injuries and period of hospitalisation etc. — Accused...

(ii) Criminal Procedure Code, 1973, S.311 — Recall of witness —  Medical Evidence — Filling lacuna in prosecution — Exercise of said power cannot be dubbed as filling up lacuna in prosecution case, unless facts and circumstances of case make it apparent that exercise of...


Facts of the Case

P&H: Allows Accused to Further Cross-Examine Doctor After Prosecution Witness’s Testimony

The Punjab and Haryana High Court has allowed Rajinder Kumar and other accused facing trial for attempted murder and related offences to further cross-examine a doctor who examined the injured person. Justice Yashvir Singh Rathor said the opportunity was necessary for a fair trial after a later prosecution witness gave evidence bearing on the medical evidence.

The accused challenged a trial court order rejecting their request to recall Dr Jashneev Kapoor, who had testified as PW6 and had already been cross-examined by the defence. The prosecution had subsequently called Vikas Kumar as PW8 under Section 311 of the Code of...

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