PRATAP SINGH Vs. STATE OF A.P.

JUDGEMENT

(1.) On 24/9/2014, a father and his two sons, travelling in a taxi from Gannavaram Airport towards Eluru, were killed. The said case was registered as Crime No.192 of 2014, in Unguturu Police Station, Vijayawada. The offences in the case were recorded as Ss. 120-B, 148, 302, 201, 202, 212 r/w 149 of Indian Penal Code and Sec. 25 and 27 of Indian Arms Act, 1959.

(2.) After investigation, a preliminary charge sheet was filed initially against 48 accused. Subsequently, a comprehensive charge sheet was filed against 49 accused. Cognizance was taken and the case was taken up as S.C.No.3 of 2018 by the VII Additional District Judge-Cum-IV Additional Metropolitan Sessions Judge, Vijayawada. Trial in the matter has been completed. Two police constables who are said to have witnessed the murder were examined as PWs.2 and 3. Another Police Constable was examined as PW.18, the Circle Inspector of Police, I Town Police Station, Eluru, was examined as PW.87. The matter is posted for arguments. It is stated that arguments on both sides had been completed, except for the submissions to be made on behalf of one of the accused.

(3.) Accused Nos. 7 to 11, had filed Crl.M.P.No.15 of 2022, under Sec. 319 of Cr.P.C., seeking directions of the Trial Court to include PWs.2, 3, 18 and 87 as accused in the case, on the ground that the evidence adduced in the trial makes out a case that these persons are guilty of the offences laid against the other accused in the case and that they are also guilty of offences under Sec. 201 and 202 of I.P.C. Similarly, Accused No.12 moved Crl.M.P.No.195 of 2022, under Sec. 319 of Cr.P.C. to implead PW.s. 2, 3, 18 and 87 as accused in the case. Crl.M.P.No.15 of 2022 was dismissed by the Trial Court on 21/2/2022 and Crl.M.P.No.195 of 2022 was also dismissed on 8/7/2022. Aggrieved by the said orders of dismissal, Crl.P.No.3612 of 2022 was filed against the order in Crl.M.P.No.15 of 2022 and Crl.P.No.5709 of 2022 was filed against the orders in Crl.M.P.No.195 of 2022. As the two petitions arise out of the same calendar case and raise the same issues on law and facts, they are being disposed of together.