KAMALESWAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a revision directed against the order dated 21.1.98 passed by the learned Sessions judge at Barpeta passed in Sessions case No. 20 of 1995.

(2.) The facts leading to the revision may be briefly stated as follows. The petitioner appeared before the Court of Session at Barpeta in response to summons issued in connection with the Sessions case No. 20/95 as a witness on 21.1. 98. The deposition of the petitioner was recorded by the learned Sessions Judge on the same day. The petitioner was examined by the Public prosecutor and cross-examined by the defence. The learned Sessions Judge himself put one question whether the petitioner liked to say anything more as to how and why the murder had taken place. The petitioner replied that he had nothing more to add. Hearing this reply the learned Sessions Judge recorded his remarks as follows presumably under Section 280 Cr. P. C.

(3.) The learned Sessions Judge by the impugned order dated 21.1.98 directed as under-