ORDER :

On 24.09.2014, 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 Sections 120-B, 148, 302, 201, 202, 212 r/w 149 of Indian Penal Code and Section 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 Section 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 section 201 and 202 of I.P.C. Similarly, Accused No.12 moved Crl.M.P.No.195 of 2022, under Section 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 21.02.2022 and Crl.M.P.No.195 of 2022 was also dismissed on 08.07.2022. 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.

4. The case of the petitioners in both these petitions can be summed up as follows:

a) The incident occurred on 24.09.2014. PW.1, who was the driver of the Tavera taxi cab, in which the deceased were travelling, was examined, during the course of investigation as LW.1, on 24.09.2014 itself. On that day he had stated that he had, on the instructions of the owner of the taxi cab, picked up one person from the taxi cab office on 24.09.2014 and had proceeded to Gannavaram Airport where the two sons of the passenger from Eluru had joined them. Thereafter, while the vehicle was proceeding from Gannavaram Airport towards Eluru, a Mahindra XUV-500 had collided with their vehicle due to which their vehicle had to be stopped. Thereupon, some persons came out of the Mahindra XUV-500 and shot the father and the two sons in the said vehicle while he escaped from there.

b) Subsequently, PW.1 gave another statement on 30.09.2014, where he changed his earlier statement, and stated that he had taken the taxi vehicle to I Town Police Station, Eluru where the Circle Inspector (PW.87) had deputed two constables, PWs.2 and 3 to go along with the person who was waiting at the Police Station and thereupon all four of them had travelled to Gannavaram Airport where the sons of the passenger in the vehicle were picked up. Subsequently, the incident, as described earlier, had happened with the difference that PWs.2 and 3 were also present in the vehicle when the 3 deceased were attacked and all the 3 witnesses, namely PWs.1 to 3 had run away from the scene of offence. Subsequently, PW.87 was contacted about the incident. At that stage, PW.87 is said to have told PWs 2 and 3 to immediately come back without informing anybody and after switching off their mobile phones. PWs.2 and 3 had also deposed that PW.87 had promised to pay a sum of