THE STATE Vs. NANOO AND OTHERS

JUDGEMENT

(1.) THE facts leading to this order are that Nanoo, Ninha and Bashir alias Sagir were arrested in a case under Section 302 read with section 34, Indian Penal Code During investigations Bashir alias Sagir turned an approver and he was duly granted pardon. The police, therefore, challaned only Nanoo and Ninha accused. The learned Magistrate, without recording the statement of the approver after the pardon had been granted to him, committed the case against Nanoo and Ninha accused to this Court.

(2.) VIDE my order dated April 8, 1976, a charge under Section 302 read with Section 34, Indian Penal Code was framed against Nanoo accused and under Section 302 read with Section 109, Indian Penal Code against Ninha accused. Both the accused pleaded "not guilty" to the respective charges. The case was then fixed for trial on 17th and 18th August, 1976.

(3.) NOTICE of this application was issued to the accused and their counsel. Today Nanoo and Ninha accused with their counsel have appeared.