Petitioner/Accused in S.C. No. 26 of 1998 on the file of Additional Sessions Judge, Thanjavur at Kumbakonam has preferred the revision. Aggrieved against the orders passed in Crl. M.P. No. 217 of 1999 dated 1-4-1999.

The case in Brief is as follows :

The Additional Public Prosecutor filed a memo under Section 319 of Criminal Procedure Code that PWs 1, 5 and 13 have implicated the father of the accused and also Selvaraj and Mani, who are the brothers of the accused. All the three of them have not been arrayed as accused. The respondent accused filed a counter and opposed the application after hearing the parties. The learned Judge allowed the application and aggrieved against this the present revision is filed.

Heard the learned counsel of both sides.

The point that arises for consideration is whether the order passed by the Court below is proper and correct ?

Point, the Additional Public Prosecutor filed a Memo under Section 319 of Criminal Procedure Code stating that as per the evidence given by PWs 1, 5 and 13, the father of the accused Marimuthu and Selvaraja and Mani, the brothers of the accused have also taken part in the occurrence and they should be arrayed as ac