PONNURU SHYAMALA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision is filed against the order dated 21-3-1996 in SC No.188 of 1992 on the file of the Additional Sessions Judge, Nellore.

(2.) The facts in giving rise to Ihe filing of this revision are, briefly, as follows :

(3.) The Inspector of Police, Kavali Police Station filed charge sheet in Cr.No. 18/ 92 of Kavali Police Station alleging that the deceased Venkata Narasa Reddy and the accused worked in Leo Bar, Kavali, run by Ponnuru Ramachandra Reddy and his brother and it is further alleged that the accused murdered the deceased Venkata Narasa Reddy on the intervening night of 22/23-2-92 and the dead body was found in the Bar premises of P. Ramachandra Reddy and the case in SC No.188/1992 was committed and the learned Sessions Judge framed charges against the accused. On behalf of prosecution 9 witnesses were examined as PWs.1 to 9 and Exs.Pl to P17 were marked and the case was posted for judgment on 12-1 -1996. The Public Prosecutor filed a memo praying to recall PW7 and the said petition was allowed and the wife of the deceased was recalled and further examined and she gave evidence stating that Ponnuru Ramachandra Reddy was suspecting that her husband was having illicit intimacy with his \\ife and hence Ponnuru Ramachandra Reddy, Ponnuru Sreenivasulu Reddy and Shyamala Reddy and the accused murdered her husband and they influenced the police and got filed the case against the sole accused, Vanama Kallaiah and she filed copies of the representations submitted to the Police Officers, Home Minister, Chief Minister, etc. from 13-5-92 and marked under Exs.Cl to C7. She also stated that there was no ill-feelings in between the accused-petitioners and the deceased prior to his death and the deceased informed about Ramachandra Reddy suspecting him about his intimacy with his wife. Therefore, in view of the evidence of PW7 and the documents, Exs.C1 to C13, the learned Sessions Judge passed impugned order directing Ponnuru Shyamala Reddy @ Sravananda Reddy, Ponnuru Ramachandra Reddy and Kunam Sreenivasulu Reddy to be tried alongwith the sole accused and arrayed them as A2 to A4 and ordered to issue summons to them to appear before the Court on 11-4-1996 and further ordered that the proceedings in respect of A2 to A4 shall be commenced afresh and all the witnesses to be re-heard alongwith the witnesses to be cited, if any, by the police in their additional charge sheet. He also further directed the Inspector of Police to further investigate into the matter under Section 173(8) Cr.PC and file additional charge sheet, if any, within one month from the date of receipt of the order.