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Showing contexts for: 306 crpc in L.V. Anandan vs State Rep. By on 10 April, 2003Matching Fragments
3.14. On 20.8.1982, the confessional statements of P.Ws.1 and 2 ( Exs.P20 and P23 respectively) under Section 164 Cr.P.C., were recorded by P.W.17, based on which, P.Ws.1 and 2 were pardoned, by an order dated 5.10.1983 passed under Section 306 Cr.P.C. by P.W.18 (Exs.P27 and P26 respectively).
3.15. Accordingly, FIR in Crime No.32 of 1982 was filed against seven accused initially, namely the accused/appellants herein, Rajan Chettiar, Ravindran (P.W.1) and Rajendra Menon (P.W.2); but, since Rajan Chettiar died even before the framing of charges, the complaint against him got abated and Ravindran (P.W.1) and Rajendra Menon (P.W.2 ) were treated as approvers, as per Exs.P27 and P26 respectively.
PW16 :
an expert who deposed about the report (Ex.P17) that counterfeit US Dollars could be printed at the Vasantham Press;
PW17 :
The II Metropolitan Magistrate before whom statements under Section 164 Cr.P.C. (Exs.P20 and P23) were recorded from PW1 and PW2;
PW18 :
The V Additional Sessions Judge who passed a final order under Section 306(1), Cr.P.C. pardoning PWs 1 and 2 by order dated 5.10 .1982 under Exs.P27 and P26 respectively, treating them as approvers; and PW19 :
Investigating Officer who deposed about the entire investigation.
9.4. In respect of the contentions of Mr. Munirathna Naidu, learned counsel for the third accused, the learned Government Advocate contends that
(a) the testimony of PW1 and PW2, based on their statements made under Section 164, Cr.P.C. (Exs.P21 and P23), and the orders of PW18 dated 5.10.1983 (Exs.P27 and P26) passed under Section 306, Cr.P.C. pardoning PW1 and PW2, corroborate with the material evidence, viz. seizure of printing blocks and inks etc. (MOs.23 and 24) as well as the evidence of PW8, PW11 and PW19;
9.5. Retaliating the contentions of Mr.Thennan, learned counsel for the fourth accused, the learned Government Advocate contends that:
(a) the evidence of PW1 and PW2, based on their statements Exs.P20 and P23 and the pardoning orders (Exs.P27 and P26) passed under Section 306, Cr.P.C.
by PW18, corroborate with the evidence of PW4 and the recovery of MO14 at Room No.72, Golden Cafe Lodge, under Ex.P2;
(b) the articles that were seized under Ex.P2, viz. Sl.No.16 - telegram sent by the fourth accused to the first accused from Vascodagama bearing No.327, Sl.No.20 - letter written by the fourth accused to the first accused, Sl.No.21 - Cash Receipt No.5863 dated 30.7.1982 issued by Golden Cafe for the fourth accused towards payment of room rent and Sl.No.22 - Cash Receipt No.814 dated 24.7.1982 issued by Golden Cafe to the fourth accused, further substantiates the case of the prosecution holding the fourth accused guilty of the offence;