- (1.) Order No. 26 dated 20-11-97 passed by the ld. Seventh Additional Sessions Judge at Alipore holding the Sessions Trial being St. No. 1 (1) of 1997 arising out of G.R. Case No. 1451 of 1995 under Ss. 302/34/201/498A of the IPC forms the subject-matter of challenge in the instant revisional application filed at the instance of the prosecution under Ss. 397/401/482 of the Cr. P.C.
(2.) Dr. P. B. Das, the autopsy surgeon, was examined-in-chief as P.W. 2 by the prosecution on 22-5-97, 4-6-97, 7-7-97 and 8-7-97 and was cross-examined by the defence on 8-7-97, 22-7-97, 23-7-97, 23-9-97 and 24-9-97. After the cross-examination of the witness was over, the prosecution prayed before the Court below for time till 30-9-97 for filing a petition for recalling the witness for re-examination. The formal application was thereafter filed and the defence opposed the application by filing a written objection dated 7-11-97. Upon hearing the prosecution and the defence and consideration of the deposition of the witness concerned, the trial Court was pleased to reject the prayer of the prosecution for re-examination of the witness by the impugned order. On a perusal of the impugned order it appears that the trial Court was pleased to reject the prayer for re-examination on two grounds first, the questions required to be put to the witness concerned during the proposed re-examination have not been specificallymentioned in the application filed by the prosecution and secondly, no confusion appeared to have been raised during the cross-examination of the witness so as to necessitate re-examination.
(3.) The point for my consideration would be whether the ld. Trial Judge was justified in refusing to permit the prosecution to recall the autopsy surgeon for the re-examination.;