ORDER :

G. Narendar, J.

1. Heard the learned Senior counsel Sri. Sandesh J. Chouta along with Sri. B.N. Jagadeesh, learned counsel for the impleading applicant/intervener in Crl.A. No. 996/2021 and learned Senior counsel Sri. A.S. Ponnanna along with Sri. B.N. Jagadeesh, learned counsel for the impleading applicant/intervener in Crl.A. No. 1003/2021 and the learned Senior counsel Sri. Hasmath Pasha along with Sri. Nasir Ali, learned counsel for the appellants.

2. The instant applications are preferred invoking the provisions of sub-section (2) of Section 301 r/w the proviso to sub-section (8) of Section 24 of Code of Criminal Procedure, 1973, (hereinafter referred to as 'the Cr.P.C.' for short), praying that the de-facto complainant be permitted to come on record as an intervenor and be impleaded as a party/respondent in the appeals preferred by the accused. The appeals are preferred being aggrieved by the judgment of conviction and order of sentence dated 08.06.2021 passed by the Court of the Principal District and Sessions Judge, Udupi.

3. That the appellants No. 1 to 3 have been convicted for the offence punishable under Sections 302, 120B, 201 read with Section 34 of IPC and sentenced to undergo imprisonment for life for the offence punishable under Section 302 read with Section 34 of IPC and further sentenced to suffer imprisonment for life for the offence punishable under Section 120B read with Section 34 of IPC and further sentenced to suffer rigorous imprisonment for a period of four years for the offence punishable under Section 201 read with Section 34 of IPC. It is ordered that all the three sentences shall run concurrently.

4. It is the case of the applicant that she is the mother of the deceased Bhaskar Shetty and mother-in-law of accused No. 1 and grand-mother of accused No. 2. That accused No. 3 is a stranger to the family.

5. It is the case of the applicant that her son deceased Bhaskar Shetty went missing on 28.07.2016 and that she set the criminal law in motion on 29.07.2016 by lodging a complaint with the respondent - Manipal Police Station, Udupi District.

6. That based on the complaint, the respondent have commenced the investigation and in the course of the investigation, they have come to the conclusion that the deceased was attacked by accused Nos. 1 and 2 and done to death and suspecting the same, subjected accused Nos. 1 and 2 to interrogation and based on their voluntary statements, Crime No. 199/2016 came to be registered against the accused on 07.08.2016 for the offence punishable under Sections 302, 201, 204, 120B and 34 of IPC. After filing of charge sheet and committing the case to the Sessions Court, it came to be registered as S.C. No. 2/2017 and after a full fledged trial, the Court of the Principal District and Sessions Judge, Udupi was pleased to convict them for the offence punishable under Sections 302, 120B, 201 and 34 of IPC and it was further pleased to sentence them to undergo imprisonment for life and other sentences by its judgment and order of sentence dated 08.06.2021.

7. That the de-facto complainant/applicant being the mother of the deceased is a victim as defined under Section 2(wa) of the Cr.P.C.

8. The learned Senior counsel Sri. Sandesh J. Chouta would take the Court through the Proviso to sub-Section (8) of Section 24 of the Cr.P.C., which reads as under:-

"(8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor:

[Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.]"

He would then invite the attention of the Court to sub-section (2) of Section 301 of Cr.P.C., which reads as under:-

"301. Appearance by Public Prosecutors.--(1) The Public Prosecutor or Assistant Public Prosecutor in-charge of a case may appear and plead without any written authority