STATE OF ORISSA Vs. BHAGABAN BEHERA

JUDGEMENT

(1.) In his report dated 20.9.2002, Superintendent, Criminal Section, has reported that evidence of P.W. No. 1 was recorded twice. The first date of recording was 22.5.1984 and the second date of recording of such evidence was on 21.1.1985 and that such depositions was correctly prepared and kept in the paper book. On a reference to the order sheet dated 22.5.1985 of the Trial Court, it is seen that after examination and cross -examination of P.W. No. 1, application filed by the prosecution under Section 319, Cr.P.C. to summon accused Gopinath Mishra to face the trial was allowed by the Trial Court. After securing attendance of that accused trial was undertaken, de novo and that is how evidence of P.W. No. 1 was afresh recorded on 21.1.1985. Thus, the doubt in that respect is cleared.

(2.) HEARD .

(3.) JUDGMENT of the Court of C.J.M. -cum -Assistant Sessions Judge, Puri in Sessions Trial No. 10/8 of 1984, is under challenge. The respondents on this case faced the trial and were acquitted by the Trial Court by recording the prosecution allegation to be a mistake of fact.