JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of the learned Single Judge of the Rajasthan High Court, allowing the application filed by respondent nos.2 and 3. The said respondents had questioned the correctness of the order dated 14.8.2007 passed by the learned Additional Sessions Judge, (Fast Track), Parbatsar, rejecting the application made by the accused in terms of Section 311 of the Code of Criminal Procedure, 1973 (in short ‘Code’).

3. A brief reference to the factual aspects would suffice:

The respondent nos.2 and 3 are facing trial for the commission of offences punishable under Sections 147, 452, 364, 302/149 and 201/149 of the Indian Penal Code, 1860 (in short ‘IPC’). Various witnesses were examined from time to time including Nandaram (PW-5) and Bhopalaram (PW-3). Nandaram was examined and cross-examined on 21st November, and Bhopalaram was examined and cross-examined on 7th June, 2006. One of the accused Shrikant was claimed to be a minor and because of that he was tried before the Children’s Court. In that case also Bhopalaram was examined as a witness on 9th January, 2007. In his evidence Bhopalaram did not suppo