Evidence Act, 1872–Sec. 33–Code of Criminal Procedure, 1973–Sec. 319–Question as to whether the statements of PW 7 could be read against the present accused–Other accuseds N was impleaded u/s. 319 on the ground of statements of PW 7–Conviction–Remand of matter by this Court for holding the preliminary inquiry u/s. 33 of Evidence Act–Trial Court hold inquiry and concluded that PW 7 had moved out of village by selling his agricultural lands and houses and he cannot be found–Further, conclusion that the N was not having the opportunity for cross-examination of PW 7 so his earlier statements
would be relevant against accused S & B as they were having the right of cross-examination of PW 7–Order is justified in view of interpretation of Sec. 33 of Evidence Act–Otherwise also the order attained finality for lack of challenge–Further held, present appellant was the main accused and he actually cross-examined PW 7 in the earlier trial and therefore, his statements in de novo trial would be admissible.
