BHAIGYORAM KHAKLARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Sarania, learned counsel appearing for the petitioners. I have also heard Mr. P. P. Baruah, learned Public Prosecutor, Assam, appearing for the respondent/State.

(2.) This Criminal Petition has been preferred against the order dated 07.06.2019 passed by the learned Sessions Judge, Nagaon in Sessions (T-1) Case No.53(N)/2018 by means of which the learned trial court had allowed the petition filed by the prosecution side under Sec. 311 Crimial P.C. with a prayer to recall a witness.

(3.) The entire controversy in this case revolves around the prayer to re-examine the witness Numal Basumatary i.e. the PW-17. As per the statements recorded under Sec. 164 Crimial P.C. the PW-17 is an eye-witness to the incident. The prosecution side had examined the witness on 30.04.2019 whereafter, he witness was cross-examined and thereafter, discharged by the court. PW -17 was the last witness examined on that day. However, immediately after the conclusion of the days' proceeding, the prosecution side had filed petition bearing No.1155/2019 under Sec. 311 Crimial P.C. with a prayer to recall PW-17 and to permit his cross-examination by the prosecution side. The application was premised on the ground that the PW-17 did not support the prosecution case and on the contrary, during his examination-in-chief and cross-examination, the witness had resiled from his statement recorded under section 164 Crimial P.C. The petitioners, who are the accused in Sessions (T-1) Case No.53(N)/2018 registered under sections 302/341/427/143/144/147/148/149/109/332/186 of the Penal Code had objected to the prayer for recall of PW-17. However, by the impugned order dated 07.06.2019, the learned Sessions Judge has allowed the prayer made on behalf of the State.