YEDALA SUBBA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are accused nos.46 and 47 in FIR No. 65 of 2018 registered on 23/9/2018 at Dumbriguda Police Station, District Vishakhapatnam, in Andhra Pradesh. The appellants, along with other co ­accused, are being prosecuted for the offences punishable under Sec. 120B read with Sec. 302 of the Indian Penal Code, Ss. 18, 19, 20 and 39 of the Unlawful Activities (Prevention) Act, 1967 (for short 'the UAPA'). The appellants are also charged with offences punishable under Ss. 4 and 5 of the Explosives Substances Act, 1908 (for short 'the Explosives Act').

(3.) The incident is of 23/9/2018. At about 12:10 hours, Shri Kidari Sarveswara Rao, a member of the Legislative Assembly and whip of the Telugu Desam Party in Legislative Assembly and one Shri Siveri Soma, a former MLA belonging to Telugu Desam Party, were killed near the village Livitiputtu, Pothangi Panchayat within the jurisdiction of Dumbriguda Police Station at Visakhapatnam. This incident took place when both of them were proceeding to village Sarai to attend a function. The allegation is that 45 accused persons who belonged to the Communist Party of India (Maoist), a terrorist organisation notified in the first schedule of the UAPA, stopped the convoy of vehicles of the aforesaid two leaders. The accused compelled them to get out of their cars. Both of them were taken towards YJunction. Thereafter, the MLA was taken to the left ­hand side of YJunction and the Ex ­MLA was taken to the right ­hand side of YJunction. Both of them were killed by three gunshots. The Personal Secretary of the deceased sitting MLA lodged FIR on the same day in which he named 45 accused. Earlier, investigation was carried out by a Special Investigation Team, which was subsequently transferred to the National Investigation Agency (NIA). The case was registered by NIA as RC ­02/2018 NIA/HYD on 6/12/2018. The appellants were arrested on 13/10/2018. A chargesheet was filed against them on 10/4/2019. It appears from the said chargesheet that there are 79 accused though initially there were 85 accused. About 144 witnesses have been named in the charge sheet so far. The charge has not yet been framed. Some of the accused are absconding. The appellants have been in custody for the last four years and seven months.