The main legal point established in the judgment is that the committal of accused persons to the Court of Sessions without the proper recording of the approver's statement by the Chief Judicial Magistrate during the committal proceedings renders the trial illegal.

KAMLESH SHARMA, J.—In this appeal, the State of Himachal Pradesh has assailed judgment dated 8.5.1990 passed by Additional Sessions Judge (I), Kangra at Dharamshala, whereby the respondents were acquitted of the offences under Sections 302, 380, 457, 120-B read with Section 34, I.P.C.

2. The brief facts of the case are that Vipan Chand PW-II made report Ex. PK to the police on 25.3.1988 that shop of Piar Chand PW-12 and residence of Doctor Kewal Krishan, where he was residing along with Vijay Kumar, Gold Smith, were lying open and the dead body of Vijay Kumar was lying in a nearby pasture. He further complained that since the locks of the premises were also found broken open, the culprits had committed theft by breaking open the safe after committing murder of Vijay Kumar. On receipt of this report investigation started, during which the dead body of Doctor Kewal Krishan was recovered on the same day.

3. Autopsy on the dead body of Vijay Kumar was conducted by Doctor K.S. Dhadwal PW-41, who has placed on record his post-mortem report Ex. PV/1 and opined that the cause of death of Vijay Kumar was fracture of temporal bone resulting in injury to his brain, shock and haemorrhage. According to him, those injuries were ante-mortem in nature and sufficient to cause the death of Vijay Kumar in the natural course Similarly, autopsy of the dead body of Doctor Kewal Krishan was conducted by Doctor S.M. Mehta PW-40, who has placed on record his post-mortem report Ex. PU/1 and opined that the death was due to liver injury resulting into shock and haemorrhage. No poison was found in the viscera as per Chemical Examiners Report Ex. PT/5.

4. Accused Sandeep Kumar, who later on turned as approver, was arrested on 26.3.1988. He was also medically examined by Doctor G.N. Sharma PW-20 on 26.3.1988, who issued medico-legal certificate Ex. PW/1 and opined that injuries on his person were caused by sharp-edged weapon. Accused persons, namely, Biru, Amar Singh and Shashi Paul were arrested on 27.3.1988 while accused Surinder Mohan was arrested on 28.3.1988.

5. On 8.6.1988 accused Sandeep Kumar moved an application Ex. PM/ 1 from the jail where he was in judicial custody, in the Court of Chief Judicial Magistrate, Kangra at Dharamshala expressing his intention to make true disclosure of the facts in relation to the murder of Doctor Kewal Krishan and Vijay Kumar, as he was burdened with guilt. On receiving this application, the Chief Judicial Magistrate issued notice to the Station House Officer of Police Station, Jawalamukhi for 13.6.1988, when accused Sandeep Kumar was produced in custody in the presence of Sub-lnspector/SHO Dilbag Singh and Shri Ram Swaroop Sharma, APP, who did not oppose the application. After explaining to accused Sandeep I Kumar that he was not under obligation to make any statement which could I be used against him, the Chief Judicial Magistrate adjourned the matter to 15.6.1988 and ordered that he be kept in a separate cell from other accused persons. On 15.6.1988, after satisfying himself that accused Sandeep Kumar still wanted to become an approver, the Chief Judicial Magistrate granted him pardon on the condition that he would make true disclosure of the incident. Thereafter, the Chief Judicial Magistrate after granting him further time to reconsider his decision, recorded his statement allegedly under Section 306(4) Cr.P.C. and sent the same in a sealed cover along with his order-sheets to Sessions Judge, Kangra at Dharamshala. Later on during the trial the statement and other proceedings were exhibited as Ex. PM/1 to PM/7. The challan was presented on 22.6.1988 in the Court of the Chief Judicial Magistrate, wherein Sandeep Kumar was shown in column No. 2 being an approver. The Chief Judicial Magistrate summoned the accused persons as well as approver Sandeep Kumar and committed the accused persons to the Court of the Sessions Judge after giving them the copies of the documents by order dated 4.8.1988. Their prayer for