( 1 ) - The present reference has been made by a learned Single Judge Hon ble Mr. Justice B. K. Rathi to answer the following question :"whether on the request of the accused the witnesses should be recalled for further cross-examination under S. 311 Cr. P. C. on the facts stated by them in the affidavits filed subsequent to their statement recorded in the Court ?"

( 2 ) IT would be useful to give a brief account of the facts relating to this reference. The applicants are facing trial under S. 307 I. P. C. in S. T. No. 694 of 1996, State v. Chand before the Special Judge, E. C. Act, Muzaffarnagar. The evidence of the three prosecution witnesses, Rafiq, P. W. 1, Aslam P. W. 2 and Akbar P. W. 5 was recorded as the witnesses of fact. Their evidence with cross-examination concluded long before 23-2-1999 when the applicants made an application to the trial Court that all these three eye-witnesses had filed affidavits denying the prosecution story and their statements recorded in the Court. The applicants made a prayer for recalling the witnesses for further cross-examination in the light of the averments made in the respective affidavits filed by these witnesses. The trial