STATE OF WEST BENGAL Vs. ARUNESH PATHAK

JUDGEMENT

(1.) Order No. 26 dated 20-11-97 passed by the ld. Seventh Additional Sessions Judge at Alipore holding the Sessions Trial being St. No. 1 (1) of 1997 arising out of G.R. Case No. 1451 of 1995 under Ss. 302/34/201/498A of the IPC forms the subject-matter of challenge in the instant revisional application filed at the instance of the prosecution under Ss. 397/401/482 of the Cr. P.C.

(2.) Dr. P. B. Das, the autopsy surgeon, was examined-in-chief as P.W. 2 by the prosecution on 22-5-97, 4-6-97, 7-7-97 and 8-7-97 and was cross-examined by the defence on 8-7-97, 22-7-97, 23-7-97, 23-9-97 and 24-9-97. After the cross-examination of the witness was over, the prosecution prayed before the Court below for time till 30-9-97 for filing a petition for recalling the witness for re-examination. The formal application was thereafter filed and the defence opposed the application by filing a written objection dated 7-11-97. Upon hearing the prosecution and the defence and consideration of the deposition of the witness concerned, the trial Court was pleased to reject the prayer of the prosecution for re-examination of the witness by the impugned order. On a perusal of the impugned order it appears that the trial Court was pleased to reject the prayer for re-examination on two grounds first, the questions required to be put to the witness concerned during the proposed re-examination have not been specifically

(3.) The point for my consideration would be whether the ld. Trial Judge was justified in refusing to permit the prosecution to recall the autopsy surgeon for the re-examination.