NITYA RANJAN DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 03 -09 -2005 passed by the learned Additional Sessions Judge, Khowai, West Tripura in case No. S.T. 61(WT/K) of 2003 whereby the learned trial Court has rejected the application filed by the petitioner herein for recalling P.W.s 11 to 18 who were examined by the trial Court on 22 -08 -2005 and 23 -08 -2005 respectively.

(2.) I have perused the order dated 22 -08 -2005 and it shows that an application for adjournment was made by the accused Nitya Ranjan Debbarma on the ground that his counsel Mr. Janardhan Bhattacharjee, an Advocate of the Agartala Bar, was unwell and could not appear in Court. Mr. A. Bhattacharjee, another Advocate of the Khowai Bar, appointed by the same accused was present but he declined to cross -examine the witnesses. The same situation is reflected in the order dated 23 -08 -2005.

(3.) IN this view of the matter, the order under challenge is set aside. The witnesses No. P.W.s 11 to 18 are directed to be produced again for cross -examination on two separate dates. The dates shall be fixed by the learned trial Court well in advance. It shall be the responsibility of the accused -petitioner to arrange for a counsel to appear on the said date. If again a counsel does not appear, then no further opportunity shall be granted and the learned trial Court shall decide the matter on the basis of the statement of the witnesses as available on record.