SANJAY SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this petition the petitioner has challenged the order dated 11.12.2015 whereby the learned trial Court has rejected the application filed on behalf of the petitioner accused to recall P.W.31 Smt. Gita Chakraborty for further cross-examination. The petitioner also prayed that the Investigating Officer Jyotisman Das Chowdhury be also called back to prove the statement allegedly made by the witness Gita Chakraborty under Section 161 Cr.P.C.

(2.) The learned trial Court rejected the application on the following ground:

(3.) It has been urged that the question put to her was specific as to whether she was interrogated about the death of the said victim and there is no general cross-examination with regard to whether she was examined by the police officials in respect of the recording of her statement by the police under Section 161 Cr.P.C. with regard to the recording of the dying declaration. The answer recorded is very loosely worded and can be read one way or the other.