SUBRAMONIA BHATTA Vs. KRISHNA BHATTA

JUDGEMENT

(1.) This is a petition by the first accused in Sessions Case 52 of 1964 for action being taken by this Court against respondents (Pws. 1 to 4 in the sessions case) under S.479A, Crl. P.C., on the ground that the learned Assistant Sessions Judge of Kasaragod who tried the case, for no justifiable reasons failed to take action under S.479A or in the alternative to give an opportunity to the petitioner to move the Trial Court for initiating fresh proceedings under S.476 Crl. P.C.

(2.) There were three accused in the case including the petitioner. They were charged with offences under S.341 and 307 read with S.34 I.P.C. On a consideration of the evidence learned Assistant Sessions Judge came to the conclusion that the charge levelled against the accused had not been brought home to them beyond reasonable doubt and giving the benefit of doubt he acquitted the accused. Learned Judge discussed the defence evidence and relying on the plea of alibi set up by the petitioner found that it would be unsafe to rely on the prosecution evidence to find the accused guilty. In the petition it is stated that during the course of argument a prayer was made for action being taken against the witnesses under S.479A Cr. PC., but in spite of that learned Judge has refused to take action.

(3.) S.479A provides: