IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 3097 of 2011. Date of Decision : 14.12.2011. Lakhbir Singh ...... Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. K.S. Bassi, Advocate, for the petitioner. NAWAB SINGH J.(ORAL) This revision is directed against the order dated November 23rd, 2011 passed by Additional Sessions Judge, Patiala (Annexure P-1) whereby application filed by the petitioner-accused under Section 311 of the Code of Criminal Procedure, was dismissed. 2. The petitioner is facing trial in case bearing First Information Report No. 330 dated October 2nd, 2009 under Sections 302, 304-B and 498-A read with Section 34 of Indian Penal Code registered in Police Station Samana, District Patiala. At the stage of evidence of prosecution, the petitioner-accused moved application under Section 311 of the Code praying that statement of Dharampal- witness be recorded before examining Gurjant Singh-complainant. The ground pleaded was that Dharampal is nephew of the complainant. He was the first one to reach the matrimonial home of the deceased and learnt about the death. 3. This Court is of the opinion that the provisions of Section 311 of the Code are not attracted in the present case. Further, it is the prerogative of the Public Prosecutor to decide the order in which witnesses are to be produced and examined. The accused in this regard has no say. He is master of evidence in defence but not of prosecution. In terms of Section 231(2) of the Code, the accused can only seek deference of cross-examination of Criminal Revision No. 3097 of 2011 (2) a witness until any other witness has been examined but he cannot insist that a particular witness be examined first. Even otherwise, no cogent ground has been put forth in support of the anxiety of the petitioner in examining Dharampal before the evidence of the complainant. 4. Thus, the order under challenge does not suffer from any illegality or irregularity calling for interference. Hence, the revision is dismissed. (NAWAB SINGH) JUDGE 14.12.2011. SN