(1.) Petitioners challenge an order issued under sec. 311 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') permitting persons who were never questioned by the Investigating Officer, to be examined as additional witnesses in a murder trial.
(2.) Petitioners are some of the accused in S.C. No.935/2017 on the files of the Additional Sessions Court -VII, Thiruvananthapuram, which arose out of Crime No.68/2012 of Ayiroor Police Station. As per the prosecution allegations, the accused had, on 24/7/2012, in furtherance of their common object armed with dangerous weapons, stabbed Sri. Rijesh, who later succumbed to his injuries, thereby committing the offences, including sec. 302 of the Indian Penal Code, 1860 (for short 'IPC'). A counter case was also registered against the deceased and other persons alleging offences, including sec. 308 IPC, as Crime No.81/2012. After completing the investigation into both crimes, final reports were filed. Petitioners are facing prosecution in S.C. No.935/2017 on the files of the Additional Sessions Court -VII, Thiruvananthapuram, and the counter case is being prosecuted as S.C. No.24/2017 before the same court.
(3.) While so, when S.C. No.935/2017 was posted for taking the statement of the accused under sec. 313 Cr.P.C, the Public Prosecutor filed a petition as Crl.M.P. No. 1856/2024 under sec. 311 Cr.P.C to examine additional witnesses, who are accused 2, 4 and 5 in the counter case. By the impugned order dtd. 4/2/2024, the learned Sessions Judge found the examination of those witnesses essential and allowed the said petition. Petitioners assail the said order.