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2004 Supreme(Jhk) 792

SUDHANSU JYOTI MUKHOPADHAYA, LAKSHMAN URAON
Ram Chandra Das – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT

S.J. Mukhopadhaya, J.

1. This criminal revision application was preferred by petitioners against the Order dated 14th May, 2003 passed by the learned 1st Additional Sessions Judge, Koderma in Sessions Trial No. 490 of 1999 arising out of Koderma P.S. Case No. 148 of 1999, corresponding to G.R. Case No. 343 of 1999, registered under Sections 498A and 306, I.P.C., whereby and whereunder learned 1st Additional Sessions Judge, Koderma has refused the prayer made on behalf of petitioners under Section 311, Cr.P.C. to recall and re-examine P. W. Nos. 1 to 6 and 9 already examined.

2. Learned Counsel for the petitioners submitted that both the parties have settled their dispute amicably outside the Court and, accordingly, a compromise petition has been filed. The defence intended to recall and re-examine P.W. Nos. 1 to 6 and 9 but it has been illegally rejected. To secure the ends of justice, the Trial Court should have recalled all the material witnesses Nos. 1 to 6 and 9 for their further cross-examination, it was essential for just decision of the case. Reliance was placed on the decisions of this Court in the case of Tetri Devi v. Sukrp Mahto, reported in 2002 (3) JCR 15 ((Jhr),















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