[Criminal Appeal No. of 2013 @ SLP (CRL.) No.2400 of 2011]. This appeal is directed against the order of the High Court of Judicature at Patna, in Criminal Miscellaneous Petition No. 12454 of 2010, dated 9.12.2010. By a short order dated 18.11.09, passed in Sessions Trial No. 425 of 2009, the trial Court disallowed the applications of the Respondents filed under Section 311 of the Code of Criminal Procedure (Cr.P.C.), to re- examine PW-9, the informant. The High Court directed the trial Court to allow the 2nd Respondent to examine himself as a witness on a specified date by its order dated 9.12.2010. To narrate the brief facts, the 2nd Respondent (PW-9), herein filed a written complaint, alleging that on 07.07.1999, at about 5 p.m. in the evening, as regards the construction of a latrine in his land in front of his house, a dispute arose as between him and his brother Bindeshwar Yadav and that at the instance of his brother Bindeshwar Yadav, his son Rajaram Yadav, brought a country made pistol and fired at the 2nd respondent (PW-9) on the left side of the back, whereafter he was taken to the hospital for treatment. At the instance of the second respondent, based on a complaint dated 8.7.1999, a case in Crime No. 71 of 1999 was registered in Khizersarai Police Station for the offences punishable under Sections 324, 307 read with Section 34 Indian Penal Code, 1860 and also under Section 27 of the Arms Act, 1959.
↧