IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.538 of 2004 RAM CHANDRA DAS Versus STATE OF BIHAR & ORS ----------- 6 19.8.2008 This revision application has been preferred against the order of acquittal dated 18.6.2004 passed by the Additional Sessions Judge-Viii, Munger in Sessions Case No.867 of 2003. Heard learned counsel for the parties. It is submitted on behalf of the petitioner that no notice was ever served either upon him or any witness. It is further submitted that fake persons appeared before the court below and gave evidence and on the basis of evidence of such fake persons, who turned hostile, the court below has acquitted the accused persons. It is further submitted that upon an application made by the petitioner the court below conducted inquiry under Section340 of the Code of Criminal Procedure and it was found in inquiry that six witnesses out of 12 witnesses, namely, P.Ws. 6,7,8,10,11 and 12 were found fake and impersonated by some unknown persons. Considered the submission of learned counsel for the petitioner and perused the impugned order of acquittal as also inquiry report of Additional Sessions Judge conducted under Section 340 of the Code of Criminal Procedure. On perusal of the inquiry report it appears that during inquiry witnesses, namely, Manju Devi, Sarita Devi, Ramchandra Das, Santosh Das, Jago Das and Sakaldeo Das appeared before the 2 Additional Sessions Judge and testified on oath that they did not appear for their evidence in Sessions Trial No.567/03. Out of the aforesaid six witnesses Ram Chandra Das is the informant cum injured. Thus, having regard to the facts and circumstances of the case as well as report submitted by the Additional Sessions Judge I am of the opinion that it is expedient for the ends of justice to remit back the case to court below for retrial. Accordingly, this application is allowed at the stage of admission itself and impugned order of acquittal is set aside and the matter is remanded to the court below for retrial. The trial must be concluded within four months of receipt/ production of a copy of this order on day today basis. B.Jha (Ghanshyam Prasad)