PRABIR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners have been facing their trial in a Sessions Court of a charge under Sections 498A/306/34 of the Indian Penal Code. After their examination under Section 313 of the Code of Criminal Procedure was over, when they were called upon to enter into their defence, the petitioners intended to examine the defence witnesses. At this stage, the Learned Judge insisted them to supply the list of defence witnesses and further directed unless the list was supplied except the petitioners, the defence would not be permitted to examine any other witness. Being aggrieved by such order, the petitioners moved this criminal revision.

(2.) Mr. Swapan Kumar Mullick, the learned advocate appearing on behalf of the State in his usual fairness submitted although under the provisions of the Code of Criminal Procedure, the prosecution is required to furnish the list of witnesses before the commencement of the trial, but there is no such provisions which requires the list of witnesses also be supplied by the defence beforehand.

(3.) Now, having considered the relevant provisions of the Code of Criminal Procedure and I do not find anything whereby the defence is required to supply the list of witnesses before their examination. However, the defence is required to furnish the list of witnesses only when the trial relates to any offence punishable under the Prevention of Corruption Act and in a case where it is not otherwise possible for the defence to produce its witnesses and Court's order is necessary for compelling appearance of such witnesses and production of any document.