S SRINIVASAN Vs. STATE

JUDGEMENT

(1.) THE above Criminal Original Petition has been filed by the petitioners to call for the records in P. R. C. No. 4 of 1990 on the file of the Chief Judicial magistrate, Coimbatore and quash the same.

(2.) THE petitioners have contended that originally a charge sheet was filed against the petitioners along with 18 others in R. C. No. 5/88/scb/cbi, Chennai for offences under Sections 120 (B), 341, 364, 302 and 201 IPC. At the time of committal, the petitioners A1 to A3 were treated as approvers and the Respondent filed necessary applications under Section 306 Cr. P. C for tender of pardon. The learned Chief Judicial Magistrate, Coimbatore tendered pardon to the petitioners and committed the case to the sessions Court, Salem for Trial. Before the Court of sessions, Salem, petitioners were examined as PW-1 to PW-3 in S. C. No. 71 of 1989. During the course of trial in S. C. No. 71 of 1989, the prosecution treated the petitioners as 'hostile Witnesses" on the ground, that they did not depose in accordance with their statement under Section 164 Cr. P. C and 161 Cr. P. C. Therefore, the Learned Public Prosecutor filed a petition under Section 306 cr. P. C in the Court to the effect that the petitioners had failed to comply with the condition on the basis of which they were tendered pardon under Section 306 (1) Cr. P. C and prayed the Court that pardon granted to the petitioners may be withdrawn. Based upon this request by the prosecution, the Learned Sessions judge, Salem on 29. 3. 1990, directed the prosecution to take appropriate steps to prosecute the petitioners. In view of the directions, the Respondent filed a separate charge sheet against the petitioners on 15. 7. 1990 before the Learned chief Judicial Magistrate, Coimbatore. On 1. 8. 1990, the Learned Chief Judicial magistrate, Coimbatore was pleased to take the case on file against the petitioners for alleged offences under Sections 120-B, 344, 364, 302, and 201 ipc. in PRC No. 4 of 1996.

(3.) THE petitioners further alleged in the charge sheet that the petitioners and other accused were parties to the criminal conspiracy to commit offences such as kidnapping for murder, wrongful confinement, murder, causing disappearance of the evidence with intent to screen the offences, furnishing false information regarding the offence and disposal of the dead body.