DHANESWAR SAHU Vs. DAMODAR PARIDA AND ORS.

JUDGEMENT

(1.) THIS is a petition under Section 482 Code of Criminal Procedure.

(2.) THE Petitioner Dhaneswar Sahu is the informant. Opp. parties 1 to 24 are the accused persons in Sessions Trial No. 242 of 1388 pending in the Court of the Sessions Judge, Cuttack. It appears from the lower Court record that the evidence on behalf of the prosecution has been closed and the statements under Section 313, Code of Criminal Procedure of some of the accused persons have been recorded. Some more accused persons are yet to be examined under Section 313 of the Code of Criminal Procedure. At this stage the learned Addl. Public Prosecutor filed an application for making the statement of the deceased Lochan Dalai recorded under Section 161, Code of Criminal Procedure as an exhibit in this case for the purpose of treating the same as dying declaration. The trial Court i. e. 2nd Addl. Sessions Judge, Cuttack rejected the petition. Against that order this petition under Section 482, Code of Criminal Procedure. has been filed.

(3.) SUB -section (2) of Section 162, Code of Criminal Procedure is as follows: