IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.13688 OF 2008 GOPESH SINGH @ GOPU SINGH, SON OF LATE RAM SWAROOP SINGH, VILLAGE CHETAN TOLA, KHUTHA, POLICE STATION BARHIA, DISTRICT LAKHISARAI VERSUS 1. THE STATE OF BIHAR 2. RAM ASRAY SINGH, SON OF BANKEY SINGH, VILLAGE CHETAN TOLA, KHUTHA, POLICE STATION BARHIA, DISTRICT LAKHISARAI …………………………………………………………..OPPOSITE PARTIES *********** 2 10/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order dated 01.02.2008 passed by the Additional Sessions Judge, Fast Track Court No. III, Lakhisarai in Sessions Trial No. 61 of 1996 by which the Trial Court has refused to allow the defence to recall PWs 1, 2 and 4 for cross-examination. The ground for refusing the prayer is that the defence claims that they did not cross-examine the witnesses on the point of date of occurrence, time of occurrence and place of occurrence. Having gone through the evidence, it appears that the three witnesses have made specific statement with regard to the place, time and date of occurrence. If the defence did not choose to cross- examine them on the issue, they cannot be allowed to do so now. They cannot be allowed to fill in the lacunae in 2 this case. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)