2) The petitioners/accused are facing trial for the offence under Sections 302, 307, 147, 148 r/w 149 IPC. They filed Crl.M.P.No.375 of 2014 seeking to mark the certified copy of FIR No.56 of 2003 of Avanigadda PS as an exhibit on behalf of defence. Their case is that PW1 in the instant case has earlier filed a private complaint against the petitioners/A1 to A6, A9 to A11, A13 to A15 and some others alleging that they committed offences under Sections 448, 307, 395, 342, 148, 427, 354 IPC and Section 3 (iv), (xi) (xv) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act) before the learned Additional Judicial First Class Magistrate, Avanigadda which was referred under Section 156(3) Cr.P.C. to the police who registered as Cr.No.56 of 2003. Their further case is that PW1 during the cross-examination evasively stated as if he does not remember whether the witnesses in the present case and the witnesses in Cr.No.56 of 2003 were one and the same or not though he admitted about his filing private complaint. So, to challenge the veracity of PW1, marking of certified copy of FIR in Cr.No.56 of 2003 is necessary. Hence, they filed the petition under Section 294 Cr.P.C. submitting if the prosecution has no objection regarding genuinity of the document, the said document may be marked as defence exhibit. The trial Court dismissed the said application holding that they come up with the petition at a belated stage when the matter was coming up for arguments. Hence the instant petition.
