M.Y.EQBAL, J. - (1.) THIS criminal revision application is directed against the order dated 24.9.2003 passed by 5th Additional Sessions Judge, Godda in ST. No. 58/1990 whereby he has allowed the petition filed by the prosecution under Section 311 of the Code of Criminal Procedure.
(2.) IT appears that on the basis of first information report lodged on 11.8.1983 the case was instituted being Godda PS, Case No. 67/1983 under Section 302 of the Indian Penal Code against 20 accused persons. The allegations, inter alia, are that the accused persons armed with different weapons entered into the field of the informant, surrounded him and snatched away the she goats from him and started assaulting him which resulted in his death. It is alleged that the cause of action for the occurrence was the fact that at the time of Moharram in the last year there arose enmity in between the parties and this occurrence is the outcome of the said difference and dispute. Mrs. J. Mazumdar, learned counsel appearing on behalf of the petitioners submitted that although this case was instituted in 1983 but the charges were framed after 10 years in 1993. After examination of a few witnesses the prosecution did not produce any other witness and ultimately the prosecution evidence was closed on 28.2.2002. On the application of the prosecution the case was again re -opened on 18.10.2002 but even then no witnesses were examined and again the case was closed. Learned counsel produced before me a photo copy of the order -sheet of Sessions Trial No. 58/1990 and submitted that the prosecution case was thrice closed and again on the application of the prosecution the Court below re -opened the case for examination of the prosecution witnesses.
(3.) FROM perusal of the order -sheet it transpires that on 4.3.1993 charge was framed and up to 29.11.1993 four prosecution witnesses were examined. On 25.7.1995 the prosecution got summons issued to the doctor and other witnesses but no witness turned up for about 6 -7 years. From the order -sheet dated 28.2.2002. It appears that the prosecution did not want to give any further evidence and the case was accordingly closed. However, again on the application of the prosecution the case was re -opened by order dated 18.4.2002 and the prosecution was allowed to examine the witnesses but no witnesses were examined and again the case was closed on 22.8.2002. By order dated 20.4.2003 the Court below gave warning to the prosecution to examine the witnesses and produce the death certificate but inspite of that the order was not complied with and again the prosecution case was closed on 19.9.1993.;