An application was today filed through counsel R.P. Khatana praying that the court pass an order dispensing with the accused's personal attendance in the court or, in the case of finding no evidence against him, the accused be discharged.

The judge dismissed the first submission pointing out an earlier order where he had directed that the accused appear in the court whenever any evidence concerning him was being recorded. As for the request to acquit the accused,the judge observed that this wasn't a stage for acquittal since the case was not being tried as a summons case but as a warrant case.

The case dates back to July 2, 1995 when two patrolling policemen spotted thick smoke emanating from the Bagiya restaurant at Ashok Yatri Niwas. Subsequently, they scaled the boundary wall and saw ``something huge'' burning in an outdoor tandoor. When they questioned the restaurant manager, Keshav, he claimed that he was only burning Congress banners. Since the fire from the tandoor was leaping up to touch the ceiling however, the skeptical policemen decided to pour water on to it, only to discover that a human body -- later identified as Naina Sahni's -- was being burnt. While Keshav was arrested on the spot, Sahni's husband Sharma was arrested eight days later in Bangalore.

Three years after the murder, only 30 of the 100 witnesses have been examined, the defence counsel pointed out. The acquittal application submitted that ``there is no other evidence against the petitioner to be recorded during the trial of Sushil Sharma'', and that Jai Prakash's political career would be on hold till the trial ends. Incidentally, of the five accused in the case, three -- Jai Prakash, Rishi Raj and Ram Prakash -- are on bail, while Sharma and Keshav continue to be in judicial custody.