JUDGMENT

Shah, J.-Leave granted.

2. This appeal has been filed against the judgment and order dated 3.7.2000 passed by the High Court of Patna in Crl. Misc. No. 16453 of 2000 confirming the order dated 2.6.2000 passed by the Additional Sessions Judge, Gaya.

3. It is the contention of the appellant that his mother was done to death by the accused by forming unlawful assembly who were armed with lethal weapons. FIR was lodged with Bodh Gaya police station on 9.10.1991 against 15 named accused and 25 to 30 unknown persons. On 27.8.1993 the case was taken up for trial by the 5th Additional Sessions Judge, Gaya in Sessions Trial No. 24 of 1993. Charges were framed against the accused persons on 27.8.1993 for the offence punishable under Sections 148, 149, 323, 449 and 302 IPC.

4. After examining two or three formal witnesses, the learned Sessions Judge closed the evidence of prosecution on the ground that APP has not made any prayer either oral or written for adjournment or for examining other witnesses. The prosecution evidence was declared to have been closed and the matter was fixed for recording the statement of accused.

5. Thereafter, the prosecution filed an application for transferri