1. - This is an application in revision under sections 327 and 401 Cr. P.C. filed by Motisingh and others against the order of the Additional Sessions Judge, Sirohi, dated 7.12 1977 by which the application of the petitioners for holding a denovo trial was rejected.

2. The relevant facts giving rise to this revision petition may be briefly stated as follows:-

3. The petitioners arc facing trial in the court of Additional Sessions Judge, Sirohi under sections 307, 325 read with section 149 I.P.C. In the course of trial the evidence of the prosecution witnesses was heard and recorded by Shri S. Rai the than Additional Sessions Judge, Sirohi, but later on he was transferred to some other place or post and was succeeded by Shri B. D. Johri who also was transferred after some time to some other place and Shri G. L. Gupta succeeded him as Additional Sessions Judge, Sirohi. During the pendency of the trial section 326 of the Criminal Procedure Code 1973 was amended by Code of Criminal Procedure (Rajasthan Amendment) Ordinance 1976, Ordinance No. 12 of 1976, hereinafter referred to as the Ordinance which came into force on 22. 11. 1976 and which was subsequently replaced by the Code