GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MD. TAFED ALI @ MD. TAFAZUL HAQUE AND 3 ORS – Appellant
Versus
THE STATE OF ASSAM – Respondent
ORDER
Date : 21-12-2020 Heard Mr. A.R. Medhi, learned counsel for the petitioner and Ms. S. Jahan, learned Addl. P.P., Assam for the respondent.
2. This revision petition is directed against the order dated 11.02.2020 passed by the learned Additional Sessions Judge, Kamrup, Rangia, whereby the application purportedly filed under Section 311 CrPC by the petitioner was rejected by the learned Sessions Judge. Though, matter is listed for admission, as agreed to by both the side, it is taken up for disposal at the admission stage.
3. Learned counsel for the petitioner submits that some new facts have surfaced during trial. Further contention of the learned counsel is that the prosecution witnesses have projected a different story and suppressed the real facts and therefore, in order to unearth the truth, the PWs 1, 2, 10, 12 & 16 are required to be re-examined.
4. The copy of the petition filed before the learned trial court (Annexure-1 to the petition), shows that no reason has been shown for re-examination of the witnesses and only averment made in the petition was that re-examination of the prosecution witnesses Nos. 1, 2, 10, 12 & 16 are most essential for fair trial of the case. Learn
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