Vikramaditya Prasad, J. - (1.) Heard the parties.
(2.) This revision application is directed against the order dated 20.9.2001 passed by Special Judge -IInd, Ranchi, in S.T. No. 105 of 1996, whereby the learned Court below allowed the application of the opposite party No. 2 to re -examine PW 7, Ram Pravesh Tewari to prove the letter said to have been written by the deceased few days prior to her death and which was only marked as 'X', for identification.
(3.) The brief facts of the case are that an FIR was lodged under Ss. 304 -B and 498 -A of the Indian Penal Code. There is a letter written by the victim girl. When one witness, who was the brother of the deceased was examined that letter was produced, which was earlier recovered by the police during the course of investigation, but inadvertently that letter was not marked as Exhibit and it was only marked as X for identification and, therefore, it could not be proved. Now a petition under Sec. 311 of the Code of Criminal Procedure was filed before the Court below for recalling witness No. 8, who was the brother of the deceased to clarify this matter.;