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Judgment
Tirthankar Ghosh, J
The revisional application has been preferred against the order dated 24.12.2019 passed by the learned Additional Sessions Judge, Kalna in connection with Sessions Case No.95 of 2005 arising out of Monteswar Police Station Case No.23 of 2002 under Sections 302/34 of the Indian Penal Code.
Mr. Goswami learned advocate appearing for the petitioners prays for an opportunity being granted for cross examination of PW-16 which could not be completed on 23.12.2019 and for reasons beyond control the learned advocate conducting the case on behalf of the accused persons could not appear on 24.11.2019. I find that PW-16 also happens to be an investigating officer of the said case.
In view of the submissions so advanced by Mr. Goswami, I hold that his prayer need be considered in spite of the fact that the case was initiated in the year 2002 and the session case was registered in the year 2005. Firstly without going into any intricacies, I hold that there was no illegality in the order so passed by the learned trial court. However, having taken into account that the petitioners are facing trial under Sections 302/34 of the Indian Penal Code, the consequence of which at the end of the trial and before arriving at finality is very grave, I intend to offer an opportunity to the petitioners for cross examination of PW-16.
In view of the observations made above, the learned trial court is directed to allow the accused persons to complete their cross examination of PW-16 on 28.01.2020 before the evidence in respect of rest of the witnesses commence. The accused persons are directed to complete their cross examination on 28.01.2020 and under no circumstances any adjournment should be granted to either of the parties on the said date so fixed.
Accordingly, the petitioners are directed to communicate this order to the learned trial court on 24.01.2020 after effecting service upon the learned Public Prosecutor conducting the case so that necessary step may be taken fixing for appearance of the said witness on 28.01.2020.
In view of the long pendency of the case, both the parties are directed to cooperate with the learned trial court so that the final verdict of the said case which was initiated in the year 2002 may be arrived at by the learned trial court by April, 2002.
With the aforesaid observations CRR 199 of 2020 is disposed of.