Accordingly, as a last indulgence, by order dated 5.3.2013 the learned Trial Court i.e. Additional Sessions Judge – 4 had adjourned the case. Thereafter, on 12.3.2013 due to non - production of other witnesses, the learned Trial Judge closed the prosecution evidence and subsequently, petition was filed under Section 311 of the Cr.P.C. for allowing the prosecution to examine witnesses, which was finally turned down by the impugned order i.e. order dated 22.4.2013. Learned counsel for the petitioner accepts that there was case and counter case. He submits that on the same date from the accused side also an F.I.R. was lodged. In the said occurrence it was alleged that from the hand of the informant’s side of the present case father of the informant of said case was done to death and as such, separate F.I.R. was lodged vide Kargahar P.S. Case No. 43 of 2000 under Section 147, 148, 149, 323, 324, 307, 302 of the Indian Penal Code, in which case also charge sheet was submitted and accused persons including the petitioner were put on trial. He submits that in the said case also i.e. Sessions Trial No. 25 of 2005, till date only three prosecution witnesses have been examined. However, in said case also trial is still continuing and till date only three witness have been examined. It was submitted by learned counsel for the petitioner that if a short accommodation is granted the
