STATE OF ASSAM Vs. PRABIN PAUL

JUDGEMENT

(1.) THIS is a criminal reference, made by the learned Judicial Magistrate, 1st Class, Saraideo, Sonari, District Sibasagar, in GR Case No. 135 of 2009, wherein the question, which has been referred to by the learned Court below, for the decision of this Court, reads: "As to whether this Court may take, the evidence recorded in re-cross-examination of PW1, PW2, PW3, PW4 and PW6, into consideration in deciding this case as per direction of the Honble appellate Court (Honble Sessions Judge, Sivsagar) vide its judgment and order, dated 10-10-2001 in Appeal No. 6(1) 2001"

(2.) I have heard Mr. Z Kamar, learned Public Prosecutor, Assam, and Mr. S Kataki, learned counsel for the accused.

(3.) ON receipt of the case, on remand, the learned Magistrate, as transpires from the order, dated 25-11-2005, whereby this reference has been made, passed an order, on 15-10-2001, fixing the case for re-cross- examination of witnesses, including the investigating officer, directing him to produce the GD Entry and, during this course, PWs 1, 2, 3, 4 and 6 were further cross-examined and discharged; but on 11-03-2004, the learned Magistrate directed re-examination of the investigating officer to bring on record the GD Entry No. 28, dated 02-04-1999, of Borhat Police Station, by invoking the provisions of Section 311 Cr.P.C.