IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40852 OF 2009 RAMAYAN SINGH, SON OF LATE ANIRUDHA SINGH, RESIDENT OF VILLAGE SIRSI, POLICE STATION BAKHTIARPUR, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. CHANO DEVI, WIFE OF LATE ANIURUDH SINGH 3. RINKI DEVI, DAUGHTER OF LATE ANIRUDH SINGH 2 & 3 ARE RESIDENT OF VILLAGE SIRSI, POLICE STATION BAKHTIARPUR, DISTRICT PATNA …………………………………………………………………………OPPOSITE PARTIES ********* 3 04/03/2010 This application has been filed against the order dated 20.07.2009 by which the application to recall PW 1 Punam Kumari @ Soni for cross-examination under Section 311 of the Code of Criminal Procedure has been rejected. PW 1 was examined on 07.01.2008. It is said that the defence Counsel was not present and he could not cross-examine the witness. Further, it appears from the record that all the prosecution witnesses were examined and the evidence was closed on behalf of the prosecution. The Court below has recorded that the case come up on 26 dates thereafter, but no steps were taken by the petitioner to make a prayer for recall of PW 1. The application was filed on 09.06.2009 after the statement under Section 313 of the Code of Criminal Procedure has been recorded and the matter is ready for argument. It has been observed by the Court that the prayer of the defence has been made at this belated 2 stage in order to fill in the lacunae of the case and is an attempt to demolish the prosecution version. Considering all aspects of the matter, I do not see any illegality in the reasonings or the order of the Additional Sessions Judge I, Barh, Patna in Sessions Trial No. 796 of 2007. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)