MOHAMMAD RAFIQ, J.

1. This order will decide application filed by the State of Rajasthan under Section 391 read with section 311 of the Code of Criminal Procedure, 1973 for recording statements of (1) Raghuveer Singh, Assistant Sub-Inspector, (2) Raja, and (3) Babool, by way of additional evidence. This application has been moved in the midst of the hearing of the criminal death reference made by the trial court for the confirmation of the death sentence awarded to the accused in accordance with the provisions of section 366 of the Cr.P.C., 1973 and the appeal filed by the accused under Section 374 Cr.P.C., 1973 It is contended in the application that the fingerprint memo (Exhibit P-36) of the accused regarding the bottle (Exhibit P-6) was prepared by Raghuveer Singh, A.S.I. MOB Branch, Office of Superintendent of Police, Jhunjhunu, in presence of two independent witnesses, namely, (1) Raja S/o Jukkhe, by caste Ahirwar, aged 26 years, resident of village and post Kheerakachhar, District Chhatarpur, State of M.P., Police Station Sitsar Sadar, and (2) Babool S/o Shri Madhur, by caste Ahirwar, aged 28 years, resident of Sarvai, District Chhatarpur, State of M.P., Police Stati