RAYAPPA AND Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is a petition under Section 561-A of the Code of Criminal Procedure, for quashing the order of commitment of the two petitioners to the Court of the Sessions Judge, Dharwar, to stand their trial under Sections 302 and 394 read with Section 34 of the Indian Penal Code. The order was passed by the Judicial Magistrate, First Class, Navalgund, under Section 207-A (ID) of the Code of Criminal Procedure.

(2.) The story of the prosecution is that one Channavva wife of Nagappa Jagadannavar of Ahatti village wanted a loan of Rs. 500/- for the performance of her Son's marriage. She approached one Devappa Siddappa Gundolli of Jagapur village on a Sunday. At the time of the Talk, accused No. 1 was present. Devappa told her to approach him the next day. On Monday the 29th April, 1963, Channavva went to Devappa's house at about 7 a.m. Devappa paid her Rs. 300/-. Accused No. 1 who was Dev appa's servant was present at that time. On receipt of Rs. 300/- Channavva left the village and Devappa accompanied her upto the post office to see her off. Accused No. 1 also left the house. One Nabi Sab Allisab Agasar of Hebbal saw the dead body of woman lying near Devakkiyavar Tank sometime between 8 a.m. and 10 a.m. on that day. He also saw some two persons sitting at some distance from the dead body near a 'lekki' tree. One of those persons chased Nabi Sab but the latter escaped. Nabi Sab was, however, unable to recognise any one of those two persons. On his way, Nabisab met one Gurappa Adveppa Ronad going by the road with his cart and Inform ed him what he had seen. Gurappa who had passed that road by the tank by about 4.30 a.m. stated that he had not seen any dead body and therefore thought that Nabisab might be joking with him. On 1-5-1963, Ningappa Sakrappa Konnur Walikar of Alagwadi saw a dead body lying near the aforesaid tank at about 8.30 a.m. and gave information of it to the police Patil of his village, by name Bhimangouda Kallangouoa Patil. Bhiman Gouda went to the place along with four Panchas, verified what Ningappa had told him and sent his 'Khahari' report along with the complaint of Ningappa to the Police Station at Navalgund. The Sub-Inspector of Police registered an offence and started the investigation. The two accused were arrested on 12-5-1963 at Navalgund. After completing the investigation, a charge sheet was sent against them to the Court of the Judicial Magistrate, First Class, Navalgund, on 17-6-1983.

(3.) During the course of the committal proceedings, the police prosecutor submitted that there were no eyewitnesses and that he did not therefore propose to examine any witness. The learned Magistrate satisfied himself that copies of all documents referred to in Section 173, Cr. P. C. had been supplied to the accused. The accused were represented by a Pleader. The latter also submitted that there was no evidence for the defence. He did not make any request for examination of any of the witnesses mentioned in the charge sheet. After hearing arguments, of the Police Prosecutor as also of the Pleader appearing for the defence, the learned Magistrate passed an order of commitment on 23-7-1963 holding that the circumstantial evidence disclosed by the documents showed that there was a prima facie case against both the accused.