Law: Criminal Procedure Code (V of 1898)

Section: 337,339

Criminal Procedure Code (V of 1898),   Ss. 337 & 339 (1) Provisions of S. 339 attracted only if there is an effective pardon under S. 337.   Subsection (2) of section 337 requires that every person who has accepted a tender shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial if any. A mere tender of pardon does not attract the provisions of S. 339. There must be an acceptance of it and the person who has accepted the pardon must be examined as a witness. It is only thereafter that the provisions of section 339 come into play and the person who accepted the pardon may be tried for the offence in respect of which the pardon was tendered, if the Public Prosecutor certifies that in his opinion he has, either wilfully concealed anything essential or had given false evidence and had not complied with the condition on which the tender was made.   JUDGMENT   S. JAFFER IMAM, J.-In these appeals the appellants were con victed for the murder of Malchand Bhadani. A charge under S. 302, Indian Penal Code, had been framed against each of them. The Sessions Judge found that the murder had been committed in the furtherance of their common intention. In his opinion as appellant Bipin Behari Sarkar bad actually committed the murder he convicted this appellant under S. 302 of the Indian Penal Code. He convicted the appellant Bishnu Charan Saba under Ss. 302/34 of the Indian Penal Code. He sentenced both the appellants to death. The appellants appealed to the Calcutta High Court while the Sessions Judge made it reference for the confirmation of the death sentence passed by him. The High Court found the appellants guilty under sections 302/34 of the Indian Penal Code. It accordingly confirmed the sentence of death imposed on the appellants by the Sessions Judge.   According to the prosecution, one Tarachand Bhadani had a cloth shop at Mathabhanga in the district of Cooch Bihar. He was joint in business and mess with his two sons, Prithiraj and the deceased Malchand. The annual turnover of the shop was between Rs. 50,000. to Rs. 60, 000. On December 18, 1956, Tara chand had gone to…