JUDGMENT

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally with the consent of learned Advocates for the parties.

3. In this writ petition, the petitioners who are the accused Nos. 3, 4 and 5 respectively, in Sessions Trial No. 77 of 2013 pending on the file on the learned Sessions Judge, Yavatmal, have challenged the order dated 18.11.2022 passed by the learned Sessions Judge, Yavatmal whereby the learned Sessions Judge has altered the 5th head of the charge.

4. The facts giving rise to this petition may be stated in brief:

The accused persons are facing trial with two more accused for the offences punishable under Sections 302, 120-B, 143, 147, 148, 149 of the Indian Penal Code and Section 4 read with Section 25 of the Arms Act, 1959 and Section 135 of the Maharashtra Police Act, 1951. The chargesheet in the crime was filed on 01.11.2012. On 25.07.2016, the charge was framed against the three accused vide Exh. 133. After arrest of the remaining two accused, the composite charge was framed against five accused on 04.11.2017 vide Exh. 175. The prosecution has examined the witnesses to prove the charge. After recording statement of the accused persons under Section 313 of