( 1 ) HEARD the learned counsel for the petitioner. The petitioner is challenging the order passed by the learned assistant Sessions Judge, Khammam in S. C. No. 177 of 1994 in Crl. M. P. No. 350/96. The said order is passed under Section 311 Cr. P. C.

( 2 ) THE petitioner is the sole accused in the said sessions trial, which is for an offence under Section 354 IPC. The prosecution applied for examining one witness by resorting to Section 311 Q. P. C. The learned Trial judge granted the said petition after going through the facts and circumstances of the case. The facts stated in the order by the court are: that the witness proposed to be examined was obviously a neighbour of the place where the incident took place. This was disclosed in the sketch, which was placed on record. Further, the Court below found that the eye-witness (PW. 3) had stated in his statement recorded under Section 161 Cr. P. C. by the Police, the proposed witness was another eye-witness to the incident. It, however, appears that at the trial the eye-witness (PW. 3) did not support the prosecution case. The victim of the crime was examined before the Court. Thus, the only eye-witness, apart from t