STATE Vs. BISHNUPADA DUTTA AND OTHERS

JUDGEMENT

(1.) This revisional application is preferred by the State of West Bengal challening the order dated 22.9.1997 passed by Sri A.K. Barua, Learned Additional Sessions Judge, 2nd Court, Burdwan in Sessions Case No. 85/95 arising out of Burdwan P.S. Cases No. 544 of 1991 under sections 498A and 304B, I.P.C. The case of the petitioner is that on 22.9.1997 the date for prosecution evidence was fixed and particularly the evidence of the Medical Officer was to be taken on that date. At the time when the case was taken up for the purpose, it was found the Medical Officer/witness, namely, Dr. Saibal Gupta, had not turned up, although summons had been issued upon him by the Court in time. Learned P.P. filed a petition for fixing another date for the examination of this witness inasmuch as he was a vital witness for the prosecution having given expert opinion on the cause of the death of the deceased house wife in this case under section 306, I.P.C. inter alia. But the learned Additional Sessions Judge rejected his prayer and fixed a date for examination of the accused under section 313, Cr. P.C. and D.W. thereby taking the prosecution evidence as closed.

(2.) Being aggrieved at this order, the State of West Bengal has preferred the present revisional application challenging the impugned order as illegal, irregular, unjustified and liable to be set aside.

(3.) It is stated in the petition and also pointed out by the Learned A. P.P. during argument that the concerned Medical Officer though did not turn up on the fixed date, i.e 22.9.97 appeared on a prior date in connection with the hearing of another Sessions case and made a request for shifting the date of his evidence from 22.9.97 to 6.11.97 on the plea that he would have some difficulty in coming to the Court on 22.9.97. On 22.9.97 learned P.P. filed a petition before the Court to that effect, but it rejected that petition and what is more, fixed a date for examination of the accused under section 313, Cr.P.C. thus taking the prosecution evidence as closed.