SRIDHAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure has been heard as a "contested application."

(2.) Heard the learned Advocates on behalf of the petitioner and the State, perused the records.

(3.) In this application, the petitioner Sridhar Das, an accused in Sessions Trial No. 1 (4)94, under Section 302 I.P.C. now pending before the learned Additional District Judge, 2nd Court, Alipore, has challenged the order dated January 2, 1995 passed by Sri R. N. Mallick Chowdhury in the aforesaid case, allowing the 3rd application of the learned Special Public Prosecutor in the aforesaid Trial so far as the prayer for recalling of PW-3 Smt. Rekha Ghosh Chowdhury, PW-6 Prabir Bhattacharyya and PW-8 Sri Babulal Shaw for their re-examination. It appears that two such similar applications for the same prayer for re-examination were rejected earlier by the same Court and those three witnesses PWs-3, 6 and 8 were declared "hostile" and cross-examined on behalf of the prosecution as well as on behalf of the accused-petitioner and were discharged on 11-7-94, 13-7-94 and 20-7-94 respectively. The first application on behalf of the prosecution containing the prayer for re-examination of those witnesses along with others was rejected on 22-8-94 and the subsequent second application containing same prayer was also rejected on 14-11-94 by the same Court.