JAYANTA SINGHA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenging legality, validity and propriety of an order being No.117 dtd. 4/3/2022 passed by the learned Additional Sessions Judge, 2nd Court at Serampore in Sessions Trial No.42 of 2011 allowing an application under Sec. 311 of the Cr.P.C filed by the prosecution, the accused has filed the instant criminal revision.

(2.) It is not in dispute that on the basis of a written complaint submitted by the opposite party No.2, Jangipara Police Station Case No.31 of 2001 dtd. 13/4/2001 was registered under Sec. 147/148/149/342/448/325/300 of the Indian Penal Code. It is alleged in the FIR that the petitioner along with his associates assaulted the sons of the defacto complainant with deadly weapons and both of them succumbed to their injuries inflicted by the petitioner and his associates.

(3.) It is contended by the petitioner that the said Gora Chand Singhs Roy was not cited as a witness by the prosecution in the charge-sheet. He was aged about eight years at the time of alleged incident and his name does not transpire during investigation or in course of evidence from the witnesses that he was an eyewitness of the occurrence. It is alleged by the petitioner that the prosecution wants to examine Gora Chand Singha Roy as a witness on behalf of the prosecution only to fill up the lacuna in the prosecution case further examination of all the charge-sheeted witnesses except the Investigating Officer. The petitioner has further alleged that during evidence, PW1, PW5 and PW6 stated on oath that the said Gora Chand Singha Roy was present at the place of occurrence at the time of alleged incident. However, the said witnesses did not make any statement with regard to presence of the said Gora Chand Singha Roy before the Investigating Officer under Sec. 161 of the Cr.P.C. Therefore, the statements of PW1, PW5 and PW6 in course of their evidence are conscious departure from their previous statement under Sec. 161 of the Cr.P.C. The petitioner further pleaded that the said Gora Chand Singha Roy is at present a man of 30 years old. Therefore, the prosecution is eager to examine the above named person only to fill up the lacuna in the evidence of the witnesses on behalf of the prosecution.