PRADIP DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AGGRIEVED by an order passed by the Learned Additional Sessions Judge, 2nd Fast Track Court, Alipurduar in connection with Sessions Case No. 81/06 rejecting his prayer for further cross-examination of three prosecution witnesses under Section 311 of the Code of Criminal Procedure, the petitioner moved the instant criminal revisional application.

(2.) MR. Himangshu De, the learned Senior Advocate, appearing in support of this application submitted that during the cross-examination of P. W. 4, Sri Manaranjan Das as well as during the cross-examination of P. W. 8 Ajit Das no contradiction was taken with reference to their statements made to the investigating Officer of the case P. W. 21 Samir Bhattacharjee. He further submitted similarly P. W. 21 Samir Bhattacharjee, the Investigating Officer of the case was not cross-examined as to the point of recovery of the alleged weapon of assault. According to Mr. De immediately upon discovery of such latches on the part of the defence lawyer, the petitioners moved an application under Section 311 of the Code of Criminal Procedure before the Learned Trial Court with a prayer for recalling those witnesses for further cross-examination but the learned Judge rejected their such prayer without any justifiable grounds and if the defence is not permitted to cross-examine those witnesses the same shall cause serious prejudice to the accused persons. In this connection Mr. De draws the attention of this Court to the application made on behalf of the defence being annexure 'a' to the instant criminal revisional application.

(3.) ON the other hand, Mr. Debobrata Roy, the learned Counsel appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that this is nothing but an attempt to fill up the latches in the defence case and as the trial has already reached to its final stage and is about to be concluded the prayer of the petitioner cannot be allowed.