ADV ANACLETO VIEGAS Vs. STATE

JUDGEMENT

(1.) RULE, RULE made returnable forthwith. Taken up for final hearing, by consent.

(2.) THIS Criminal Miscellaneous Application is filed by the applicant/original accused no. 6 Advocate Anacleto Viegas, being aggrieved by the Judgment and Order dated 28th August 2000 passed by the Additional Sessions Judge, South Goa, Margao in Criminal Revision Application No. 19 of 2000, dismissing the revision application by the present applicant and directing the parties/accused to appear before the trial Court for further proceedings. The said revision was directed against the Order dated 3rd March 2000 passed by the learned Chief Judicial Magistrate, Margao, who by his Order dismissed the application of the applicant who himself is an accused in criminal Case No. 397/S/90/A.

(3.) THEREUPON the State filed Criminal Revision Application No. 1 of 1999 before the Sessions Judge assailing the Orders of framing of charge dated 13th November 1998 and 27th November 1998 and revoking the pardon granted to Freddy Dias. The learned Sessions Judge, by his Order dated 26th February 1999, allowed the said revision application by the state and set aside the charges framed on 13th November 1998 and 27th November 1998. The learned Sessions Judge further set aside that part of the Order dated 20th September 1994 which directed the framing of charge against the accused no. 1 Freddy Dias. The learned Sessions Judge observed that once the accused no. 1 was granted pardon, he was required to be examined as a witness first and would not be tried alongwith the other accused for those offences. The result of the Order dated 26th February 1999 passed by the Sessions Judge was that the said Freddy Dias remained as an approver, who was to be examined as a witness by the Chief Judicial Magistrate. The Chief Judicial Magistrate, accordingly, framed fresh charges against all the accused on 6th November 1999 for offences punishable under Sections 199, 465, 471 and 120-B of Indian Penal Code. Subsequently, on 14th January 2000, the approver Freddy Dias entered the witness box and his examination-in-chief commenced. The position as of today is that his deposition is partly recorded. On 11th February 2000, the present applicant/accused no. 6 filed application before the Chief Judicial Magistrate wherein he prayed to discard the evidence given by the approver Freddy Dias.