RAGHUNATH MANNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this revisional application under section 401 read with Section 482 of the Code of Criminal Procedure, the accused revisionists have challenged the order dated 8th February, 1991 passed by the learned Additional Sessions Judge, 2nd Court, Hooghly in Sessions Trial No. 109 of 1984 rejecting the application of the revisionists for recalling of P. W. 22 under Section 311 of the Code of Criminal procedure, 1973 read with Section 165 of the Indian Evidence Act.

(2.) TO appreciate the complexity of the matter, the scoring of the background in brief of the case is set out here under:-On an anonymous phone call to the Tarakeswar Police Station that on 5th November, 1981 the Sub Inspector Sri Samir Das Gupta, p. W. 22, along with police personal went to Khamarbari of Krishna Mohan Manna at 8. 45 a. m. and found that some of, the miscreants being revisionist nos. 4, 6, 7 and 9 have been apprehended and detained by the local people. He found the dead body of Prosed chandra Manna lying there with multiple injuries. He recorded the statement of Paresh Manna, the brother of the deceased, which was treated as F. I. R. On the basis of the same, he started Tarakeswar p. G. Case No. 5 of 196 dated 5. 11. 81 under sections 148,149,302 and 379 I. P. C. He took custody of the aforesaid revisionists. Before that he took up the investigation off the case as was endorsed to him by his superior authority. On that date he arrested petitioners no. 5, 11 and 12 from a nearby place in a paddy field. on 8th december, 1981 he arrested Manasha Adak, petitioner no. 2 herein. After completion of the investigation he submitted charge-sheet against all the accused persons under Sections 148, 149 and 302 i. P. C. and under Section 379 I. P. C. against accused Tarak Mallick, petitioner no. 5. To goured the accused persons within the fold of the charges of the offence alleged prosecution examine 22 witnesses of whom P. W. 22 Samir Dasgupta was the I. O. He was examined, cross-examined and further cross-examined on recall.

(3.) AFTER examination of the accused persons under Section 313 of the code of Criminal Procedure, the accused persons entered into the defence and examined 9 witnesses. After the completion of the argument of the prosecution when the defence was called upon to argue the case at that point of time an application was made; under Section 311 of the Code of Criminal Procedure, 1973 read with Section 165 of the Indian Evidence act by petitioner no. l along with 9 other petitioners praying for recalling p. W. 22, Sri Samir Dasgupta, the I. O alleging that during the time of arrest of the accused persons. Statements were made by them before the said witness who recorded the said statements and cross-examination on that point required to be made to prove: the conduct of the said accused persons.