DIBYENDU BHUSAN DUTTA, J.

( 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

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