JUDGMENT 1. - Learned Public Prosecutor is directed to accept notice on behalf of the respondent-State. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the order impugned. 3. The accused petitioner is facing trial under Section 307 IPC before the learned Additional Sessions Judge No. 2 Jaipur District, Jaipur. During trial one Abdul Latif, who claims to be eye witness to the incident, was examined. On cross examination, he stated that he had given his statement before the Police Officer three-four days prior to the incident, but no such statement was found in the case diary dated 25.4.93 scribed by Data Ram PW 9, the Police Officer. The trial court refused to resummon both Dataram as well as Abdul Latif. The refusal to summon these witnesses under Section 311 Cr.RC. for cross-examination has resulted into filing the present petition. Learned Public Prosecutor agrees with the prayer made in the petition and states that he has no objection if both the witnesses i.e. Abdul Latif and Dataram are recalled and cross examined. 4. Consequently, the present petition is allowed and the learned trial Court is directed to re-summon both the witnesses and permit the petitioner to cross examine them. *******