RAJESH KUMAR JAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated 15-3-2007 passed by the Additional Sessions Judge, bhawanipatna in S. C. No. 73/57 of 2006 permitting the prosecution to examine P. W. 3 under Section 154 of the Evidence Act after his cross-examination by the defence counsel.

(2.) THE petitioner is facing trial under sections 302/304-B/498-A, IPC and section 4 of the D. P. Act. After examination and cross-examination of P. W. 3, the P. P. filed a petition under Section 154 of the evidence Act on 15-3-2007 with a prayer to re-examine the said witness. The trial Court after considering the said petition under section 154 of the Evidence Act declared p. W. 3 hostile. Thereafter, he was cross-examined by the prosecution and also by the defence.

(3.) MR. Panda, learned counsel for the petitioner submits that the petition under section 154 of the Evidence Act, which was tiled alter cross-examination of P. W. 3, is not permissible, since the defence elicited some new facts from the mouth of the P. W. 3. He further submits that once a witness is examined in chief and cross-examined by the defence, he should not be permitted to be recalled. By permitting the prosecution to put leading question to a witness after his cross-examination was over, the very purpose of examination of the witness has been frustrated.