SASHTI CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This petition by the accused is directed against that portion of the order dated 05.12.2015 whereby, the learned trial Court has rejected the application of the accused for recalling certain witnesses.

(2.) The facts of the case are that one Sri Parimal Saha was murdered in the year 1983. The trial commenced in the year 1986 and statements of all the witnesses had been recorded in the next 2/3 years. Unfortunately, the matter, thereafter, remained pending without the statement of any witness being recorded for more than 23 years. When the fact came to notice of this Court on the administrative side, notice of the same was taken and, thereafter, directions were given to dispose of the matter in a time bound manner. A Special Public Prosecutor was also appointed by this Court. The State challenged the order in appeal before the Apex Court. The Apex Court gave liberty to the State to appoint its own Special Public Prosecutor but the rest of the order was directed to remain in force.

(3.) One of the accused, namely, Sri Sasthi Chakraborty has also filed an application for recalling some of the witnesses on the ground that the charge was amended and also on the ground that the statements of certain witnesses were recorded when he was not present in Court and was absconded.