DEBNATH MAHARA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner is an accused of an offence under Section 302 of the Indian Penal Code (IPC, in short) for causing death of one Nanki Panika on 25.09.2010 and for that purpose trial case, being Sessions Case No. 389 (N) 10 is pending against him before learned Additional District & Sessions Judge, (FTC), Hojai, Sankardev Nagar in the District of Nagaon, Assam. In order to bring home the said charge of Section 302 IPC against the accused petitioner, the prosecution has examined 13 (thirteen) prosecution witnesses, including the Investigating Officer of the case, in the said Sessions Case No. 389 (N) 10 and after their cross examination by the defence, they were accordingly discharged. After closing of the prosecution evidence, the said case was fixed for examination of the accused, the present petitioner under Section 313 of the Code of Criminal Procedure (Cr.P.C. in short) as required and 28.08.2012, 10.09.2012 & 24.09.2012 were the dates fixed for the said purpose.

(2.) The prosecution on 24.09.2012 preferred a petition under Section 311 of the Cr.P.C. before the learned Trial Court for recalling the Investigating Officer of the case for his re-examination. The prosecution in the said application under Section 311 pleaded before the learned Trial Court that the evidence of prosecution witnesses revealed that there is some contradiction about the place of seizure and therefore, re-examination of the Investigating Officer is very much required to clear the point of seizure of the Dao' (weapon of assault) for the ends of justice and for right decision of the case. The petitioner submitted written objection against prosecution's said petition under Section 311 Cr.P.C. submitting that if the same is allowed, it will cause prejudice to him.

(3.) However, learned Additional District & Sessions Judge, (FTC), Hojai, Sankardev Nagar, after hearing the parties, vide his order dated 05.10.2012 passed in Sessions Case No. 389 (N) 10 allowed the said application of the prosecution under Section 311 Cr.P.C. and re-called the Investigating Officer for the purpose of his re-examination on 18.10.2012.