PRASANNA DASS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) The appellants have challenged the impugned judgment of the High Court whereby the Sessions Court has been directed to try the appellants afresh. The facts relevant for the present purpose lie in a narrow compass.

(3.) In respect of an incident dated 14.4.1990 various persons were charged for offence under Ss. 302/149 of the Indian Penal Code and other offences. The appellants in this appeal were not made accused. They were, however, summoned u/s. 319 of the Code of Criminal Procedure and were arrayed as accused after the entire evidence had been recorded and also after the statements of the accused u/s. 313 had been recorded, arguments heard and the judgment had been reserved. Not only that, after the appellants were summoned u/s. 319 Code of Criminal Procedure the prosecution did not examine again all prosecution witnesses. Out of 16 witnesses, six witnesses were examined and police papers were also not supplied to them.