ORDER

1. The petitioner before this Court had challenged the order dated 28.10.2021 which has been passed in Sessions Trial No.538 of 2013 before the High Court whereupon the impugned judgment and order was passed. By the said order (order dated 28.10.2021) an application, moved by the accused/petitioner before this Court, under Section 311 of the Cr.P.C., has been dismissed.

2. The petitioner who is one of the accused/petitioner facing the aforesaid trial inter alia for an offence related to Section 302 Indian Penal Code.

3. On 11.08.2014 prosecution witness no.1-Nausad gave a statement in his examination-in-chief stated that he had clearly identified the petitioner/accused Saud Faisal as one of the assailants who was carrying a rifle. This particular witness (that is PW1) was also put to a lengthy cross-examination but it could not contradict his testimony.

4. Relating to the same incident the petitioner/accused was also facing a case under the Gangsters Act. The same witness (PW1- Nausad) was examined in that proceeding as PW1 on 20.09.2021. He gave a statement that although he could identify the two other witnesses i.e. Shere and Rashid, the third assailant, that is the petitioner/