PURNA CHANDRA DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) Being aggrieved by the impugned order of rejectiondtd. 19/1/2021 passed by the learned Additional Sessions Judge, Paralakhemundi in S.T. Case No.36 of 2018 with regard to recall of P.W.24 for further cross-examination, the instant application under Sec. 482, Cr.P.C. has been filed seeking quashing of the aforesaid order.

(2.) The brief facts giving rise to filing of the present case is that the prosecution was set to motion on the basis of an F.I.R. lodged on 23/9/2018 and as revealed from the F.I.R., the marriage of the sister of the informant was solemnized with the petitioner Purna Chandra Das as per Hindu Rites and Customs on 22/5/2013. At the time of marriage, an amount of Rs.2,00,000.00(Rupees two lakhs) along with household articles were given as dowry. After the marriage, the sister of the informant and her husband led a normal conjugal life and after passage of time, the petitioner along with her family members started torturing and assaulting deceased-Madhusmita Das by demanding more dowry. On 22/9/2017 at about 3.00 P.M., the informant received a call from the deceased that her life is in danger and on the very same day, the petitioner informed over phone that his sister has expired. Accordingly, the F.I.R. has been lodged suspecting the murder of the deceased.

(3.) After investigation, charge sheet was submitted under Sec. 498-A/302/304(B)/406/34, I.P.C. read with Sec. 4 of the Dowry Prohibition Act and cognizance was taken and the matter was committed to the court of learned Additional Sessions Judge, Parakhemundi pursuant to which S.T. Case No.36 of 2018 was instituted on the file of the learned Additional Sessions Judge, Paralakhemundi. After the commencement of trial, prosecution examined all the witnesses including P.W.24 and the defence has also crossexamined him, but due to paucity of time some important contradictions could not be confronted to him. A petition under Sec. 311, Cr.P.C. has been filed making out a questionnaire which were to be put to P.W.24 and learned Additional Sessions Judge, Paralakhemundi by order dtd. 19/1/2021 has passed the impugned order rejecting the petition under Sec. 311, Cr.P.C.