IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23983 of 2008 DEONANDAN MAHTO SON OF LATE MALLUK MAHTO, RESIDENT OF VILLAGE BHARDIHA, P.S. BHAGWANPUR, DISTT. BEGUSARAI. ------ PETITIONER. Versus 1. THE STATE OF BIHAR 2. PAPPU MAHTO 3. SURESH MAHTO 4. SATYA NARAIN MAHTO ALL AT PRESENT ACCUSED IN SESSIONS TRIAL NO. 50 OF 2007 CONFINED IN BEGUSARAI JAI. ------ OPPOSITE PARTIES. ----------- 5. 26.4.2011 Heard. The petitioner is aggrieved with the order dated 20.5.2008 passed by the Additional Sessions Judge-Cum-Fast Track Court – I, Begusarai, in Sessions Trial No. 50 of 2007 by which it has refused an application under Section 311 Cr. P.C. It appears that the present case has been instituted for two murders but unfortunately, the trial of the five accused was bifurcated in two trials i.e. Sessions Trial No. 48 of 1999 and Sections Trial No. 50 of 2007. Unfortunately, the Trial Court was under pressure to conclude the trial in view of an observation passed in Cr. Misc. 29465 of 2007 by which the trial was to be concluded by 18.5.2008. For the said reasons, the Trial Court rejected the application under Section 311 Cr. P.C. for the examination of the Doctor and Investigation Officer. In my view, this could not have been the reason for refusing such a prayer and only consideration that could have been before the Trial Court was as to whether the examination of witnesses was 2 essential for the just decision of the case. In view of such, the order dated 20.5.2008 passed by the Additional Sessions Judge, Fast Track Court-I, Begusarai, in Sessions Trial No. 50 of 2007 is set aside and the Trial Court is directed to take immediate steps for examination of the two witnesses within an outer limit. He may forward the list of the two witnesses to the Superintendent of Police, Begusarai, fixing exact dates on which these two witnesses are required to be examined and the Superintendent of Police, Begusarai, is directed to ensure the attendance of the witnesses on the said date. Let this order be communicated to the Superintendent of Police, Begusarai, though FAX at the cost of the petitioner. The application stands allowed. I may clarify that the order is being passed on the assumption that the trial has not concluded. S.Ali ( Anjana Prakash, J.)