N TARKESWAR RAO Vs. ANAJALI MAITY

JUDGEMENT

(1.) The present petition has been filed under section 401 read with section 482 of the Code of Criminal Procedure, 1973 praying that the order dated 6th September, 2012 passed by the Sessions Judge, Paschim Medinipur whereby he allowed the application filed by Anjali Maity, P.W.-11, widow opposite party, whose husband was murdered, to step into witness box as a recalled witness be set aside. Briefly stated that the petitioner is facing trial in Sessions Trial No. XXIV of July, 2006, corresponding to G.R. case No. 1154 of 1997. As per prosecution, the petitioner along with other accused was member of a Railway Contractor Association under the leadership of one Rambabu. Husband of P.W.-11, opposite party No. 1/Anjali Maity was also member of the Association. It is stated that husband of P.W.-11/opposite party No. 1 had an altercation with Rambabu and for said reason, he had formed his own Association called "Friends Enterprise". On several occasions husband of Anjali Maity was threatened and finally, he was murdered by the associates of Rambabu by causing fire arm injury.

(2.) Officer-In-Charge of Kharagpur Town Police Station submitted a charge-sheet under sections 302 /120B /34 IPC against the petitioner and other accused.

(3.) Prosecution had cited 29 witnesses. Till 6th September, 2012, 20 witnesses were examined.