GHANASHYAM HEMBRAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 482 of Cr.P.C. filed by the petitioner Ghanashyam Hembram challenging the order dated 25.03.2009 passed by the learned Adhoc Addl. Sessions Judge, Fast Track Court, Jajpur in S.T. Case No.218 of 2006 in rejecting the petition under Section 311 Cr.P.C. filed by the petitioner to recall P.W.10, P.W.11, P.W.12 and P.W.16 for further cross-examination. It appears from the impugned order that the petition was rejected on the ground that it was filed at a belated stage by the accused-petitioner and that the aforesaid witnesses were examined and cross examined at length and that there is absolutely nothing in the petition which necessitated the petitioner to file such petition at the stage when the prosecution case was closed and the case was posted for accused statement. It was further held that there is nothing in the questionnaire which has been mentioned in the petition under Section 311 of Cr.P.C. that those are in any way relevant.

(2.) Mr. Palit, learned counsel for the petitioner during course of argument produced the deposition copies of P.W.10 Dasma Goipei and P.W.11 Sumitra Goipei, who are the sisters of the deceased Gurubari, P.W.12 Rupendra Goipei, who is the father of the deceased and P.W.16 Champa Goipei, who is the mother of the deceased.

(3.) On going through the evidence of P.Ws.10, 11, 12 and 16, it appears they have stated mainly about the dying declaration of the deceased. P.Ws.10, 11 and 16 have stated regarding the dying declaration made at the spot whereas P.W.12 stated about the dying declaration made at S.C.B. Medical College and Hospital, Cuttack. It appears that the aforesaid four witnesses have been cross-examined at length by the defence counsel. The application under Section 311 of Cr.P.C. which has been annexed as Annexure-2 to this application under Section 482 of Cr.P.C. contains the questionnaire for each of the four witnesses and it indicates that the questions are regarding the location of the house of the petitioner, total numbers of rooms in the house of the petitioner, presence of any other persons at the spot and whether the deceased stated anything regarding the occurrence etc. The witnesses like P.Ws.10, 11 and 16 have stated that the house of the accused-petitioner is situated one house apart from their house. All the four witnesses have stated that the deceased told before them that since she did not give a pipe to the petitioner as demanded by him, the petitioner set her on fire after pouring kerosene on her. They have further stated that the deceased died at S.C.B. Medical College and Hospital, Cuttack due to burn injuries.