JUDGMENT

P. Sathasivam, J.—

1. Leave granted.

2. This appeal is directed against the order of the High Court of Judicature at Patna passed in Criminal Revision No. 437 of 2008 dated 10.12.2008 in and by which, after finding that there is no illegality or irregularity in summoning the witnesses named in the supplementary charge-sheet, the High Court rejected the criminal revision filed by the appellant herein against the order dated 19.02.2008 passed in Sessions Trial No. 63 of 2004 whereby the learned Additional Sessions Judge allowed the application of the prosecution to summon the witnesses named in the supplementary charge-sheet.

3. Brief facts of the case are as follows:

a) On the basis of fardebayan of Smt. Champa Devi - wife of Awadh Yadav in Siwan Mofussil Police Station case No. 8 of 2001 was registered against the appellant and others on 13.01.2001 under Section 364/34 of IPC.

b) On 08.08.2003, an offence under Section 27 of the Arms Act was also added. The police, after completion of investigation, submitted charge-sheet on 29.08.2003 against the appellant and other five accused under Section 364/34 IPC and Section 27 of the Arms Act. In the said charge-sheet, the prosec