Judgment N. C. KOCHHAR, J. ( 1 ) THIS petition under Section 397 of the Code of Criminal Procedure (the Code) is directed against the order dated 3. 12. 1993 passed by the learned Additional Sessions Judge, Khetri dismissing the application moved by the petitioners under Section 311 of the Code for recalling P. W. 14 Dr. Shiv Ratan Kochar with the bed-head ticket and treatment chart of Rajendra Singh (deceased), who was admitted in SMS Hospital, Jaipur on 15. 11. 1987 and died there on 18. 11. 1987. The brief facts are as under: ( 2 ) THE applicants-petitioners are being tried in case F. I. R. No. 191/87 of Police Station Khetri by the learned Additional Sessions Judge, Khetri, who has framed a charge under Section 302 read with Section 149 I. P. C. against the applicants petitioners. The prosecution examined Dr. Shiv Ratan Kochar (P. W. 14), but during cross examination no suggestion was given to the doctor concerned to the effect that the deceased had developed cepticemia and could have been saved if he had been treated for that ailment. An application under Section 311 of the Code was moved by the petitioners stating that the record of treatment and bed-head ticket showed that the deceased had suffered from the said ailment but this fact was not brought to the notice of the Court by the prosecution and it was prayed that P. W. 14 Dr. Shiv Ratan Kochar be resummoned for further cross examination alongwith the above said record. The application was opposed and has been dismissed by the learned Trial Court vide the impugned order dated 3. 12. 1993 on the ground of delay and also on the ground that no such question was suggested to the doctor when he appeared in the witness box as P. W. 14. Hence, this revision petition by the petitioners. ( 3 ) I have heard the learned Counsel for the parties arid have also perused the impugned order. 12. 1993 on the ground of delay and also on the ground that no such question was suggested to the doctor when he appeared in the witness box as P. W. 14. Hence, this revision petition by the petitioners. ( 3 ) I have heard the learned Counsel for the parties arid have also perused the impugned order. ( 4 ) BY procuring the record the applicants petitioners want to show to the Court that the death occurred not because of injuries but because of the fact that the ailment of cepticemia had not been treated by the doctor concerned and, as such, the petitioner cannot be said to have committed the offence punishable under Section 302 I. P. C. If, in fact, the record supports the case of the accused-petitioners who have been facing trial for all this time there is no reason why they should not be allowed an opportunity to produce this piece of evidence before the Court. It cannot be disputed that the applicants-petitioner who have been facing trial as accused could not be expected to know as to what was recorded in the bed-head ticket and treatment chart maintained by the SMS Hospital, Jaipur where the deceased was treated and if the facts about the deceased having suffered from the above said ailment came to their knowledge later on there is no reason why further cross examination should not be allowed of the witness concerned. The petitioners have a right to give the valid defence and it is not disputed that they were not in possession of any of the above-said records which is being sought to be summoned by them through the Court. Section 311 of the Code has to be exercised by the Court for meeting the ends of justice and considering all the facts and circumstances of the case, I am of the view that the learned Trial Court failed to exercise the jurisdiction vested in it judicially. ( 5 ) CONSEQUENTLY, I accept this revision petition, set aside the impugned order dated 3. 12. 1993 and direct that P. W. 14, Dr. Shiv Ratan Kochar be resummoned for cross-examination by the applicants-petitioners alongwith the bed-head ticket and treatment chart of Rajendra Singh (deceased) who was admitted in SMS Hospital, Jaipur on 15. 11. 1987 and died on 18. 11. 1987 after getting the necessary particulars from the prosecution. 12. 1993 and direct that P. W. 14, Dr. Shiv Ratan Kochar be resummoned for cross-examination by the applicants-petitioners alongwith the bed-head ticket and treatment chart of Rajendra Singh (deceased) who was admitted in SMS Hospital, Jaipur on 15. 11. 1987 and died on 18. 11. 1987 after getting the necessary particulars from the prosecution. The revision petition is disposed of accordingly. The record of the learned Trial Court be sent back immediately. .