IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43401 of 2009 KAILASH YADAV, SON OF LATE PHOJDARI YADAV, RESIDENT OF VILLAGE NEEMDAR GANJ, P.S. & DISTRICT SHEIKHPURA. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 5.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed challenging the order dated, 30.10.2009, passed by the Additional District Judge, F.T.C. II, in Sessions Trial No. 973 of 2008 by which the Court below has rejected the application under Section 311 of the Code of Criminal Procedure. The petitioner sought to recall P.Ws. 1 and 3 for cross examination in view of the Investigating Officer’s evidence with respect to the place of occurrence. The place of occurrence as described by these witnesses is the paddy field whereas the Investigating Officer has stated that the place of occurrence is 1 k.m. away from the village towards from the East side of the field of the deceased which was surrounded by paddy crop. The difference in the version of the Investigating Officer and the witnesses would be highlighted and the petitioner would be able to take whatever defence he wishes to with respect to this aspect of the matter. Besides this if the petitioner wanted to cross examine the Investigating Officer with respect to the discrepancy, they could have done so. It would not be proper for PWs. 1 and 3 to be recalled to cover up in lacuna with respect to the place of occurrence. 2 In the result, I find no illegality in the order dated 30.10.2009, passed by the Additional District Judge, F.T.C. II, in Sessions Trial No. 973 of 2008. This application is, thus, dismissed. Sanjay (Sheema Ali Khan, J.)