IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.866 of 2007
RAM NARAYAN TIWARY & ANR
Versus
STATE OF BIHAR
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4 1.7.2008 Perused the report of the Additional Sessions Judge, Fast
Track Court No.3, Bhojpur, Ara dated 12.5.2008. He has examined the
IO as well as the officers from the Forensic Science Laboratory, Patna
and has reported that viscera of the deceased had been sent to the
Laboratory for chemical examination and due to the Officer Incharge of
the concerned PS not being traced, the original report is not available but
its certified copy has been made available by the Forensic Science
Laboratory. The witnesses examined during inquiry by the court below
may now be examined formally as additional witnesses in the trial after
giving notice to the accused persons or their counsel so that the relevant
facts including the certified copy of the viscera report may be brought on
record in accordance with law and then the additional evidence along
with the certified copy of the viscera report should be sent to this Court
without any delay. It is expected that the exercise of taking additional
evidence shall be completed by the court below without any delay,
preferably within three months. For that purpose, if necessary, the lower
court records may be sent back to the court below.
(Shiva Kirti Singh,J.)
(Abhijit Sinha, J.)
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