IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.52 of 2008 ASHOK KUMAR YADAV Versus STATE OF BIHAR & ORS ----------- 4 15.12.2008 The petitioner is the informant of Chapra Rail P.S. Case No.84 of 2007 lodged under sections 304B, 201/34 and 498A of the Penal Code and section 3/4 of the Dowry Prohibition Act. It is alleged by the informant that he learnt from one of his relatives, that his niece Indubala who was married to one Ravi Dasil @ Chotan Rai in the year 2004, has been murdered and her dead body has been found on the railway track. It is further alleged that on reaching the place of occurrence he found cut marks on different portions of her body. It is alleged that due to non-fulfilment of demand of dowry, the deceased was brutally killed by her inlaws namely the husband, the elder brother of her husband, Bhabhi of the husband of the deceased and others as would be evident from a photograph of the deceased at Annexure-4/A. The grievance of the petitioner is that important witnesses have not been examined in this case though they have filed affidavited statement as contained in Annexures- 4, 5 and 9 and prays for conducting Narco test. He further submits that though charge sheet was filed against the husband only, cognizance has been taken against all the accused persons. Learned State counsel submits that investigation was conducted properly and after due investigation charge sheet was submitted. - 2 - KHAN It is well settled that the prosecution can even produce witnesses who are not named in the charge sheet during the trial. The trial court would be obliged to record the evidence of such witnesses also at the stage of the trial. It would be open to the petitioner to file a representation, if so advised, before the higher police authorities stating therein that the material witnesses who have given affidavited statements vide Annexures 4, 5 and 9 have not been examined in this case by the I.O. It would be entirely open to the Superintendent of Police, Rail, Muzaffarpur to accept or not to accept the request of petitioner for further examination. With the aforesaid observation, this writ petition stands disposed of. (S.P.Singh,J)