JANET Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition is under section 482 of the Cr. P.C.

(2.) P.W. I in Sessions Case No. 83/92 pending trial before the 1st Additional Sessions Court, Thiruvananthapuram is the petitioner. The petitioner seeks to quash Annexure-A order in the said Sessions Case dispensing with the examination of C.Ws. 2, 3, 5 and 13 and to issue direction to take steps for securing the presence of charge witnesses 2, 3 and 5 in the said Sessions Case.

(3.) Final report in the said case was laid under sections 143, 147, 148, 323 and 302 read with section 149 I.P.C. against 23 accused persons on the allegation that at about 11.30 p.m. on 13/8/1989 near Shanghumugham Palace at Thiruvananthapuram, the accused persons formed themselves into an unlawful assembly with the common object of committing murder of the petitioners husband Philip Rozario and in prosecution of the said common object they did commit murder of the said Philip Rozario by beating him with iron rods, sticks etc. In the charge sheet, C.Ws. 2, 3, 4 and 5 are cited as occurrence witnesses. The case was posted for trial to 18/1/1993, but since the counsel for accused I to 6 was not doing well, the case was adjourned to 23/2/1993. On 21/1/1993 the public Prosecutor filed a memo containing the present address of C.Ws. 2, 3 and 5, who are employed in Soudi Arabia. On 23/2/1993. P. W. 1 also filed a petition to issue summons to C.Ws. 2, 3 and 5 in their present address. According to the petitioner, the said petition was necessitated as no summons was issued to the said witnesses even though the address of the said witnesses were furnished by the memo of Public Prosecutor dated 21/1/1993. It is alleged that, the Investigating Officer also filed a memo to issue summons to the said witnesses.