JUDGMENT - M.S. RANE, J.:---Somewhat queer point is raised by the above named accused-applicants, which Court is required to consider, at such a stage of the trial of the above case, when prosecution has concluded its evidence, in examining as many as its 81 witnesses and has closed its case, recording of statements/explanations of all the 12 accused in this case, including the above applicants-accused under section 313 of the Cri.P.C. has also been completed. As would be pointed out later on, the point in question is no more res integra in view of the decision of the Apex Court in the case of (Tribhuvannath v. The State of Maharashtra)1, reported in A.I.R. 1973 S.C. p. 450 directly on the issue. However since 6 out of 12 accused in this case, being applicants named in the title of this judgment have with some amount of seriousness and emphasis urged the said point, that this Court is thrashing out the same, on consideration of the relevant statutory provisions and facts and circumstances as obtained in the matter herein.

2. Point at issue raised and canvassed arises, in the context of and in the light of provisions as contained in section 315 of Cri.P.C. (hereinafter referred to as

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