STATE OF ODISHA Vs. DENGUNSABAR

JUDGEMENT

(1.) I.A. No.1036 of 2024 filed in CRLA No.750 of 2021 10. Both the matters are taken up for hearing through Hybrid arrangement (video conferencing/physical mode).

(2.) This interim application has been filed under Sec. 391 of Cr.P.C. by the appellants in CRLA No.750 of 2021 for recording of additional evidence of P.W.1 Melita Sabar, who is the informant by way of further cross-examination and allowing the questions mentioned in the questionnaire to be put to P.W.1 in the interest of justice.

(3.) It is stated in the petition that P.W.1 was examined in C.T. Case No.07 of 2017 in the Court of learned Addl. Sessions Judge, Gunupur on 31/7/2017. In the said trial, all the appellants were found guilty and death sentence was imposed on them. The learned trial Court submitted the proceeding to this Court for confirmation of the death sentence which was registered as DSREF No.01 of 2018. The appellants also preferred an appeal against the judgment and order of conviction and sentence passed by the trial Court in JCRLA No.46 of 2018 before this Court. Both the DSREF and the JCRLA were heard together and the judgment was delivered on 5/11/2019 and the matter was remanded back to the learned trial Court with a direction to add charges for the offences under Sec. 364 and 365 of the I.P.C. and to proceed in the trial, keeping in view the provision under Sec. 217 of Cr.P.C.