( 1 ) THE order dated 12th August, 2003 passed by the learned Sessions Judge (S and W), Namchi in Criminal Case No. 7 of 2003 is the subject matter under challenge in this revision petition.

( 2 ) THE facts of the case, in a short compass, leading to the filing of this revision petition are as follows : the petitioner who is the accused person in connection with a Criminal Case No. 7 of 2003 stood trial for offence punishable under Section 307 of the Indian Penal Code before the Court below and the related charge has been framed against the accused- petitioner did not plead guilty, and claimed for trial; the trial Court started examination of as many as prosecution witnesses and, later on, the trial Court below fixed date for examination of the Investigating Officer (I. O.) and, in the mean time, the prosecution filed an application on 12th August, 2003 for examination of a witness, namely, Shri Pern tshering Bhutia, son of Shri Chadar Bhutia, resident of Siribadam, West Sikkim by stating that the said Pern Tshering Bhutia is a material witness who could not be examined during the investigation of the case and, as such, an opportunity be given to the prosecution to e