1. This is a reference made by the learned Sessions Judge, Chikmagalur under S.438 Criminal P.C. in Sessions Case No. 18 of 1970.

2. A charge - sheet was filed against accused 1 to 5 who are respondents before this Court, by the Circle Inspector of Police, Koppa Circle in the court of the Judicial Magistrate First Class, Narasimharajapur alleging that they had committed offences under S.302, S.323, S.120 - B(1), 201 read with S.34 and S.203 I.P.C. In the course of the enquiry, the Assistant Public Prosecutor made an application before the learned Magistrate on 26-10-1970 under S.337 Criminal P.C. praying that pardon may be tendered to accused - 3 (respondent - 3) and he may be allowed to give evidence on behalf of the prosecution. The said application was allowed by the learned Magistrate by his order dated 12-11-1970 and permission was granted to treat accused - 3 as an approver on 20-11-1970 and he has been examined on behalf of the prosecution as P.W. 1. Then charges were framed against all the five accused including the approver (accused - 3) under S.302, S.120 - B, 201, 202 read with S.34 I.P.C. by the learned Magistrate, and he recorded the plea of all the accused including t