ORDER

1. Leave granted.

2. The challenge in this appeal is to a judgment and order passed by the High Court confirming the order of the Court of Session passed in exercise of power under Section 319 of the Code of Criminal Procedure (for short "the Code") adding the two appellants as Accused 4 and 5 in the sessions trial in a case under Section 302 and other provisions of the Penal Code. The incident, subject-matter of the case, took place on 8-3-2000. Initially charge-sheet was filed on 21-6-2000 against five accused including the present two appellants. Later, on the application of the Public Prosecutor, the appellants were dropped as accused in terms of the order of the Court of Session dated 10-92001 which was as a result of further investigation. It appears that on 24-12002 prosecution examined various witnesses including PWs 1, 2 and 3, said to be the witnesses of the incident. It was on the basis of their testimony that an application under Section 319 of the Code was filed by the Prosecutor seeking summoning of the appellants as accused along with the three accused who were facing trial. Later, a similar application was also filed by one of the prosecution witnesses. The Co