SHNGAIN LAMARE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. P. Bora, learned Senior counsel assisted by Ms. K. Decruse, learned counsel appearing for the petitioner and Mr. K.P. Bhattacharjee, learned GA appearing for the State-respondent.

(2.) This revision petition has been preferred by the petitioner against the impugned order dtd. 20/6/2023 passed in Misc.Case No.60 of 2022 arising out of Sessions Case No.2 of 2015 u/s 302/34 IPC, whereby the prayer of the petitioner for recalling the prosecution witnesses PW-1, PW-2, PW-3 and PW-5 was rejected with a cost of Rs.10,000.00.

(3.) The petitioner, who is an accused in Sessions Case No.2 of 2015, filed an application before the Trial Court u/s 311 CrPC on 12/9/2022 registered as Misc.Case No.60 of 2022 seeking recalling of the prosecution witnesses namely, Smti. Ribhamiki Salahe (PW-1), Smti. Kylluidki Salahe (PW-2), Shri. Suk Lyngdoh (PW-3) and Shri. Praiwess Salahe (PW-5) for cross-examination. The prosecution filed a show cause/objection to the said application. The application was heard on 7/3/2023 and the learned Sessions Judge by order dtd. 20/6/2023 rejected the prayer by holding that the petitioner had chosen to repeatedly exert his right which amounted to abuse of the process of the Court. Being aggrieved, the petitioner has preferred this revision petition before this Court.