The petitioners are accused in Sessions Trial No. 1265 of 1996 pending in the Court of Additional Sessions Judge, Fast Track Court No. 3, Etah. The petitioners moved an application under Section 311 Cr. P. C. to recall PW 1 and 2 for further cross-examination.

2. It is alleged that by mistake the witnesses could not be cross-examined regarding the place of incident and manner of firing.

3. It is also alleged that the petitioners have now engaged another Counsel who found that the witnesses has not been cross-examined on material points.

4. It is further alleged that in the cross cases for offence under Section 307 IPC. , the parties have compromised and the case has ended in acquittal; that in the present case which is for offence under Section 302 IPC the parties have also compromised and, therefore, it is necessary to re-summon the witnesses for further cross-examination. It was also disclosed by the petitioners that the witnesses have no objection in recalling them for further cross-examination. However, the learned Additional Sessions Judge has rejected the application for recall of the witnesses by the impugned order dated 12-2-2002. Aggrieved by it, the presen