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1999 Supreme(Cal) 459

GITESH RANJAN BHATTACHARJEE
MD. SANJOY, MD. MAHTAB – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
DEBABRATA ACHARYA, KRISHNA GHOSH, S.K.MAHATA, S.MOITRA

G. R. BHATTACHARJEE, J.

( 1 ) THIS is a revisional application under section 482 Crpc against the order dated 5. 4. 99 passed by the Additional Dist. and Sessions Judge, 8th Court, Alipore, 24-Parganas (South) in trial number 2 (9)/1997 by which the learned Additional Sessions Judge rejected the prayer of te accused persons who are the petitioners herein to defer the cross-examination of the eye witnesses till all such witnesses are first examined-in-chief. It is submitted on behalf of the petitioners that the petitioners have been charged under section 148/149/323/354/302 IPC before the learned Additional Sessions Judge and that the eye witnesses to the alleged occurrence are P. W. s. 3,4,5 and 6 and P. Ws. 13, 14, 15 and 16. It is submitted that if the prosecution examine the eye witnesses in two batches intervened by some other witnesses and if the defence is not allowed to cross-examine the eye witnesses after the examination-in-chief of all such witnesses is completed first, in that event the defence will be prejudiced as the prosecution will get opportunity to fill up the lacuna in their case that may be revealed in the cross-examination of the witnesses if such witnesses ar



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