G VENKATESWARA RAJU Vs. K JAISEELA

JUDGEMENT

(1.) These two revisions arise from the common order passed in Crl.M.Ps. 24 and 25/93 in S.C.No. 5/91 by the Metropolitan Sessions Judge, Vijayawada, Krishna District. The Crl.R.C.No. 140/94 is against the Crl.M.P.No. 24/93 filed under Section 319, Cr.P.C. The Crl.R.C.No. 141/94 is against Crl.M.P. No. 25/93 filed under Section 311, Cr.P.C.

(2.) Sudhakar, husband of C.W.1 (Ms. K. Jaiseela) was murdered at 10.40 p.m. on 20-4-90 in Vijayawada. P.W.17, Sub-Inspector, V Town Police Station, Vijayawada, on receipt of telephonic information about the incident at about 11.00 p .m., went to the scene of occurrence and record Ex.P-1 statement of P.W.1 (T. Sambaiah). He registered a case in Cr.No. 150/90. In the early hours of 21-40-90, he also received Ex.D-6 report from P.W.15 (N. Durga Rao). Investigation revealed that the motive for the murder was rivalry between the two groups among the workers of the Andhra Cement Factory, Vijaywada. After completion of invetigation, charge-sheet was laid on 30-11-90 against A-1 to A-4 in the Court of the III Metropolitan Magistrate, Vijayawada. It was taken on file in PRC No. 20/90 and was committed to Sessions as the offence alleged to have been committed by the accused is exclusively triable by a Sessions Court. The Metropolitan Sessions Judge, Vijayawada has taken the said case on file as S.C.No. 5/91.

(3.) The trial of the accused commenced on 24-2-92. Prosecution examined as many as 19 witnesses and P.W.19, I.O., the last witness, was examined on 20-11-92. The wife of the deceased, though cited as a witness for prosecution, was not examined and she was given up. She and her mother-in-law filed Crl.M.P. No. 162/92 to examine them as Court witnesses in the interest of justice and it was allowed on 11-3-92. The wife of the deceased was examined as C.W.1 on 1-4-92 and her mother-in-law was examined on 3-9-92 as C.W.2. P.W.6 (G. Venkateswara Raju) is a leader of the rival group. P.W.15 testified that A-1 toA-4 and P.W.6 committed murder of the deceased. C.W.I testified about the rivalry between her husband and P.W.6 and that P.W.6 and four others committed murder of her husband. At that stage, C.W.I filed the two petitions, one under Section 319, Cr.P.C. to implead P.W.6 as fifth accused in S.C. No. 5/91 and another petition under Section 311, Cr.P.C. to examine four more persons namely, (1) Bandari (2) U. Nageswar Rao (3) Shaik Karimulla (4) Nakka Nageswara Rao as additional witnesses for prosecution in S.C.No. 5/91. The two petitions were opposed by the State and A-l to A-4. The larned Metropolitan Sessions Judge, after considering the rival contentions of the parties, allowed the two petitions by a common order dated 21-3-94.