KANHU ALIAS KANHEI GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) EVEN though the matter is listed for admission, on consent of the learned counsel for the petitioner as well as the learned counsel for the State, the same is taken up for final disposal at the stage of admission.

(2.) THE petitioner, who is facing trial for commission of the alleged offence under Section 302/34 I.P.C. before the learned Additional Sessions Judge, Fast Track Court, Aska in Sessions Case No. 432 of 2004/72 of 2004 arising out of G.R. Case No. 11 of 2004 along with other accused persons, has filed the present application challenging the order dated 5.9.2005 whereby the learned trial Court has rejected the petitioner's prayer to recall a witness (P.W.6) for cross -examination.

(3.) THE petitioner initially engaged Shri Purnananda Sahu, Advocate, Aska to defend him in the case. In course of hearing, Baiya Gouda was examined by the prosecution as P.W.6. In his evidence/statement, he directly implicated the petitioner alone for commission of the alleged offence as he categorically stated : - My daughter died about more than a year back being murdered by Kanhei Gouda. xxxxx Accused Kanhei is the son -in -law of accused Indra Gouda having married to his daughter. On the date of occurrence at about 7 P.M.I received information that my daughter Golapa has been murdered by her brother -in -law Kanhei Gouda. So I proceeded . to village Maharajpur and found my daughter was lying dead sustaining cut injury on her left shoulder left arm and on her chest.