IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38796 of 2008 MAHANTH BRIJ NARAIN DAS, CHELA OF LATE MAHANT RAM CHARITAR DAS, RESIDENT OF PURNAHIYA MATH, P.S. PURNAHIYA, DISTRICT SHEOHAR.--- PETITIONER Versus 1. THE STATE OF BIHAR 2. BHOLA RAI, SON OF LATE DHARIKSHAN RAI, RESIDENT OF VILLAGE PURNAHIYA, P.S. PURNAHIYA, DISTRICT SHEOHAR. --- OPPOSITE PARTIES ----------- For the Petitioner :- Mr. A.A. Khan, Advocate For the Opposite Party :- Mr. Yogendra Kumar, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. 3 27.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of opposite party no. 2. An application was filed in the Court below to permit the informant petitioner to correct two dates in the statement of P.W. 6 in Court. It has been said in paragraph 1 that the date of occurrence has wrongly been typed as 28.7.2003 whereas it ought to have been 28.7.2006. The second mistake is that the date has wrongly been typed as 22.7.2006 at paragraph 7 of the deposition whereas the correct date should be 27.7.2006. Learned counsel for the opposite party no. 2 submits that the petitioner ought to have made an application for correction of the evidence as per Section 278 of the Code of Criminal Procedure. The Section envisages that “As the evidence of each witness taken under section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears through a pleader, and the Court may make correction after giving a memorandum thereon.” Learned counsel for the petitioner submits that the informant is a well read person and it was only due to inadvertence 2 that the date has been mentioned as 28.7.2003 instead of 2006. It is submitted that only the year appears to be wrongly mentioned whereas the date is correctly given. It is further submitted that in paragraph 7 the date has been given as 22.7.2006 which is actually 27.7.2006 which also needs to be corrected. This aspect has been highlighted at paragraph 28 of the evidence wherein this witness has stated that he had earlier stated that the date was 27.7.2006. It thus appears that the mistake in the year was a bona fide one. The chief was recorded on 4.3.2008 and thereafter cross-examination began and was concluded on the first occasion on 10.4.2008 and thereafter on 9.5.2008. The petitioner made an application for correction on 9.5.2008 itself so it cannot be said that it was made after a great delay. In the result, I set aside the order dated 12.8.2008, passed by Additional Sessions Judge, Fast Track Court No. III, Sitamarhi in Sessions Trial No. 157 of 2007 and direct the Court to make correction in the evidence of P.W. 6 as indicated above. This application is allowed. Sanjay (Sheema Ali Khan, J.)