K. JAYACHANDRA REDDY, J.

( 1 ) THE question of law that arises for consideration in this revision is : Whether under S. 306 (4) of the Cri PC the examination of an approver as a witness by the Committing Magistrate is mandatory before he passes the order of Committal ? The question arises under the following circumstances.

( 2 ) EIGHT accused in P. R. C. No. 8 of 1981 on the file of the Prll. Judicial Magistrate of First Class, Hyderabad East and North were charge sheeted for offences punishable under Ss. 147, 364, 302 read with Ss. 34 and 149 of the IPC for abduction and murder of one Katham Anjaneyulu on 5/12/1980. The approver Originally the eighth accused Palla Narasimhareddy was tendered pardon and his statement was recorded on 6/11/1982 and the Magistrate committed the case to the Court of Session. The same was numbered as S. C. No. 18 of 1983 on the file of the Addl. Sessions Judge, Rangareddy District, before whom questioning the order of committal the fifth accused filed a petition seeking to set aside the committal order but the same was dismissed holding that the approver was examined and therefore there was compliance of S. 306 (4) of the Cri. P. C. As against that the p

Click Here to Read the rest of this document