KALU BHOLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this application under Section 482 of the Code of Criminal Procedure has prayed for a direction to the trial Court to delete and ignore the subsequent corrections made in the deposition of P. W. 2 by the ex-Presiding officer in S. T. Case No. 2/23 of 2002 pending in the Court of learned Additional Sessions Judge, Khurda.

(2.) The petitioner and some other accused persons are facing trial for commission of offence under Section 302 of the Indian Penal Code apart from other offences. The case of the prosecution as revealed in the F. I. R. is that on 13-1-1996 at about 7 p. m. the deceased having decided to have holy snana during 'Makar' left her husband in the house of one Golekha bhola and while coming she heard the accused persons discussing and threatening to kill her. The informant also having heard the said discussion advised the deceased to go back to the house of Golekha Bhola. At that point of time accused Binofl bhola fired by means of gun at the deceased which hit the deceased near waist and she fell down. Thereafter she was shifted to varandah of Golekha Bhola and later on she died.

(3.) During trial one Sukanti Bhola shown as an eye-witness was examined as P. W. 2. In the examination -in-chief she stated that she and her sister-in-law Mani Bhola were sleeping inside the house and they heard accused Ralu bhola asking the co-accused Bina to fire at the deceased. Later on the presiding Officer corrected the same and it was recorded to the effect that when the said witness and her sister-in-law Mani Bhola were standing in front of the house, they heard Kalu Bhola asking Bina to fire at the deceased.