LAWS(APH)-1994-9-4

ALEEM Vs. STATE OF ANDHRA PRADESH

Decided On September 02, 1994
ALEEM Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Accused No. 5 in Sessions Case No. 20/1994 on the file of the III Addl. Metropolitan Sessions Judge, Hyderabad, is the petitioner-herein. This petition under Section 482, Cr.PC is filed by the petitioner/A. 5 to grant stay of the proceedings against him till the final adjudication against A. 1 to A. 4 for charges under Sections 302 and 392, IPC in Sessions Case No. 20/1994, on the file of the III Metropolitan Sessions Judge, Hyderabad.

(2.) The substance of accusation against A. 1 to A. 5 is that A. 1 to A. 4, on 23-2-1993, at about 7.45 p.m. killed one Haji Mohammed Yakub, at Red Hilla, Hyderabad, a businessman and took away cash of Rs. 1,60,000.00 from his possession. A-5, the petitioner-herein, harboured A. 1 to A. 4 in his house of Bodabanda, Hyderabad, and shared the booty along with A. 1 to A. 4. A. 1 to A. 4 are charged with offences of robbery and murder punishable under Sections 392 and 302, IPC and A. 5 is charged with the offence of harbouring the offenders and for dishonestly receiving the stolen property, punishable under Sections 212 IPC and 411, IPC.

(3.) The petitioner contends that in order to convict him for an offence under Section 212, IPC, first of all there must be an offender who has to be harboured; that unless and until A. 1 to A. 4 are convicted for the offences under Sections 392 and 302, IPC, "they (A1 to A4) will not become offenders"; the petitioner who is charged with the offence of harbouring u/S. 212, IPC cannot be tried along with A. 1 to A. 4 in Sessions Case No. 20/94; therefore, the trial as against the petitioner/A-5 must be stayed. In support of his contention, the learned counsel for the petitioner relied upon the decision in Chacko v. State, AIR 1951 Tranvancore-Cochin 90 : 1951 (52) Cri LJ 470.