Parbon Mukherjee @ Ujjwal v. State of West Bengal and Anr.
Case brief
What is this about?
C.R.R.201 of 2024 | Parbon Mukherjee @ Ujjwal v. The State of West Bengal | Section 311 CrPC application for recall of P.Ws.12, 15, 20, 21 (IO) refused at arguments stage | revision under Section 482/401 CrPC dismissed | impugned order 08.12.2023, Additional District and Sessions Judge, Gangarampur at Buniadpur, Dakshin Dinajpur | S.T. Case No.87 of 2016; Banshihari Police Station Case No.155 of 2015 dated 12.11.2015 | decision 15.05.2024 | Tirthankar Ghosh, J.
What did the court decide?
At the fag end of a trial, it is the duty of the party taking out a Section 311 application to show that it is not filling up lacuna in the case; a bare omission and a generalised version of being prejudiced are not grounds for invoking Section 311 at the argument stage, nor is it permissible for the defence to understand the whole case after evidence is over and thereafter cross-examine the witnesses further on issues to their advantage.