It has been submitted by the learned counsel for the petitioner that Investigating Officer (I.O.) of the case being P.W. 10 was examined and cross-examined on 24.04.2015 and 13.10.2015. It has also been submitted that subsequent to the I.O. who was discharged after his examination P.W. 12 and 13 have been examined on 28.05.2016 and 4.02.2016 and therefore in the light of certain new facts which have been brought by the said witnesses it is necessary to recall P.W. 10 for re-examination. It has also been submitted that none of the witnesses have stated about the direct complicity of the petitioner in commission of the murder of the deceased. Only on the evidence of some of the witnesses wherein it was alleged that the petitioner was seen to talking with the named accused, he has been roped for conspiracy in the murder of the deceased. Therefore, the I.O. be recalled in order to test the evidence of P.W. 12 and 13, who have been examined subsequent to examination of the I.O., which would lead to a just decision of the case and non-examination the I.O. would prejudice the case of the petitioner.
