SIRIA GUDU AND OTHERS Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr. D.P. Dhal, the learned counsel for the petitioners and Mr. Karunakar Nayak, learned counsel for the State.

(2.) In this application under section 482 of the Cr.P.C., the petitioners who are the accused persons in S.T. Case No. 97 of 2014 pending in the Court of learned 1st Addl. Sessions Judge, Cuttack have challenged the impugned order dated 20.06.2018 passed by the learned trial Court in rejecting the petition filed on their behalf under section 311 of Cr.P.C. for recalling P.W.13 Dr. Manoj Kumar Sethi to prove the injury report of petitioner no.12 Mahara Guru.

(3.) It is contended by the learned counsel for the petitioners that when P.W.13 who was examined in chief on 07.06.2018, cross-examined and discharged, at that time inadvertently the accused persons could not prove the injury report of petitioner no.12 which was available in the case records. It is contended that in order to prove the defence plea, proving of such injury report is very much necessary.