SAMBHUNATH BHATTACHARJEE Vs. STATE OF SIKKIM

JUDGEMENT

(1.) HAVING heard Mr. D. C. Roy, the learned Advocate for the accused-petitioner and the learned Advocate General appearing for the State and having examined the records of the case I am satisfied that this revisional applicantion should be allowed.

(2.) THE petitioner is one of the three accused persons in a Criminal case under Sections 363, 366 and 376, Indian Penal Code in the Court of the Sessions Judge at Gangtok. In Sikkim the Code of Criminal Procedure, 1898, with some modifications, is still the law and in accordance with such modifications, the cases triable by the Court of Session are tried according to the procedure for the trial of warrant cases and therefore, after a charge is framed on the evidence adduced by the prosecution, it is followed by cross-examination of the prosecution witnesses by or on behalf of the accused. In this case, after the close of the prosecution case before charge on 1-9-1979, charges were framed by the learned Sessions Judge on that date and 3-9-1979 was fixed for ascertaining whether the accused persons wanted to cross-examine any, and if so which, of the prosecution witnesses. On that date, however, on the prayer of the prosecution the petitioner, who was released on bail was committed to custody and his bail was cancelled mainly on the ground that the prosecutrix in her deposition before charge implicated him with the offence and the petitioner is in custody since then. The Sessions Judge thereafter fixed 26-10-1979 as the date for cross-examination of the prosecution witnesses.

(3.) THE case of the petitioner is that before he was committed to custody, he contacted a lawyer at Calcutta for the purpose of cross-examination of the prosecutibn witnesses but that due to his sudden confinement in custody, he could not make any further arrangement for bringing the said lawyer from Calcutta. His friends and relations, however, could thereafter engage Mr. D. C. Roy, Advocate of Siliguri and the said Mr. Roy. was to come to Gangtok on 25-10-1979 and to cross-examine the prosecution witnesses on behalf of the petitioner on the next day.