1. THE petitioners have been facing their trial before the Learned Additional Sessions Judge, Fast Track, 5th Court, Barasat, North 24-Parganas of a charge under Sections 304/34 of the Indian Penal Code. After their examination under Section 313 of the Code of Criminal Procedure was over on 2nd March, 2010, the petitioners made a prayer for examination of two defence witnesses. When such prayer was allowed and the Court directed issuance of summons against those two defence witnesses fixing March 17, 2010 and March 18, 2010 for their examination and the petitioners at once deposited the requisites. However, on the aforesaid dates fixed for examination of the defence witnesses, none of them turned up nor the service report received. On that day the petitioners once again renewed their prayer, when the Learned Trial Court allowed such prayer fixing March 25, 2010 for examination of defence witnesses and in default for argument. However, on March 25, 2010 no defence witness was present nor service report were received and the Trial Court closed the evidence and fixed April 1, 2010 for argument.

2. THE right of the defence to adduce evidence in rebuttal to the prosecution case