The accused in the Maruti violence case have asked to recall about a dozen prosecution witnesses for further cross-examination.
Two separate applications have now been moved by counsels Rebecca John and R.S. Cheema in the court of Additional Sessions Judge S.K. Khanduja. Advocate Vrinda Grover told The Hindu that certain aspects were missed out during cross-examination earlier. Applications have been moved to recall these witnesses and cross-examine them to “bring them on record”.
Ms. Grover also said that Ms. John and Mr. Cheema will be leading the final arguments in the case, likely to be heard next year, and the two would appear in the case pro bono. Defence counsel Monu Kuhar was also present in the court.
Moved under Section 311, read with Section 231 (2) of the Code of Criminal Procedure, the applications say that the said prosecution witnesses need to be recalled “to prove the defence of the accused with respect to the manner and circumstances pertaining to how the incident took place, the weapons allegedly used and certain important questions and suggestions pertaining to the injuries received by the prosecution witnesses and other persons, are also required to be put to them”.
It further said that the cross-examination proposed to be undertaken by the defence will be limited to the aspect of the injuries sustained by witnesses and other persons, as well as the alleged weapons of offence used. Mr. Cheema said that the applicants were not seeking to raise any fresh grounds in defence, but merely correct certain errors committed during cross-examiantion.
“It is submitted that the recalling and re-examining of the witnesses will only further the accused persons’ right to a fair trial, by permitting them to counter each and every aspect of the prosecution’s case,” said the applications. It was said that “it is crucial that the accused are given a right to defend themselves in a comprehensive and robust manner.”
It further added that “most of the applicants are in judicial custody and therefore, there is no apprehension that the present application has been moved with a view to delay and extend the trial”. The court has fixed the case to December 14 for the next hearing.
The case dates back to July 18, 2012, when Human Resource Manager Awanish Kumar Dev was killed and more than 40 executives injured. A FIR was registered in this connection and 148 workers were arrested. Two fresh arrests have been made in this case this year as well.
