STATE OF GUJARAT Vs. MALI PANCHA VAGHA KHANDEK
LAWS(GJH)-1960-9-3
HIGH COURT OF GUJARAT
Decided on September 23,1960

STATE OF GUJARAT Appellant
VERSUS
MALI PANCHA VAGHA KHANDEK Respondents


Referred Judgements :-

EMPEROR V. NANA AMRITA SAVANT [REFERRED]
ARUNACHALAM SWAMI V. THE STATE OF BOMBAY [FOLLOWED]



Cited Judgements :-

STATE OF MYSORE VS. H GUNDAPPA [LAWS(KAR)-1971-7-13] [REFERRED TO]


JUDGEMENT

R.B.MEHTA - (1.)This is a reference made by the learned Sessions Judge Kutch recommending that an order of commitment made by the learned Judicial Magistrate First Class Rahpar committing one Mali Jasa Bhoja who was accused No. 2 in Sessions Case No. 10/60 in the Court of the learned Sessions Judge Kutch to sessions on a charge of murder under sec. 302 read with sec. 111 of the I. P. C be quashed.
(2.)The facts leading to the reference are briefly this way :
The learned Judicial Magistrate First Class Rahpar committed one Mali Pancha Vagha who was accused No. 1 to the Sessions Court Kutch for an offence of murder under sec. 302 of the I. P. C. and also committed the present accused Mali Jasa Bhoja along with the first accused to stand his trial for an offence under sec. 302 read with sec. 111 I. P. C. It appears that pending the investigation of this case the present accused Mali Jasa Bhoja was tendered pardon by the judicial Magistrate First Class Rahpar on 18th March 1960 after obt obtaining the previous sanction of the Sessions Judge under S. 337(1) of the Cr. P. C. The accused Jasa accepted the tender of pardon. It appears that thereafter the police submitted The charge sheet on 19/05/1960 showing the said Mali Jasa Bhoja as accused No. 2 but it was also mentioned in the charge-sheet that Mali Jasa Bhoja was a witness for the prosecution as the permission of the learned Magistrate was obtained to examine him as an approver. It appears that thereafter the learned Magistrate examined the approver as a witness on 16/06/1960. The learned Magistrate came to the conclusion that there was prima facie a case against the accused and the charge was framed on the 18/06/1960 against both accused and both the accused were committed to the Sessions Court for trial. As stated earlier accused No. 1 Mali Pancha Vagha was charged with an offence of murder under S. 302 of the I. P. C. and the approver Mali Jasa Bhoja was committed for a charge of abetment under sec. 302 read with sec. 111 of the I. P. C. The State has approached the High Court for quashing this order of committal on the ground that the second accused i. e. Mali Jasa Bhoja who later on became the approver ceased to be an accused person as contemplated under section 337(2-A) Cr. P. C. and that the committal order so far as the approver is concerned is illegal.

(3.)Section 337(1) of the Criminal Procedure Code provides for the circumstances in which pardon may be tendered to an accomplices whose evidence the prosecution thinks is necessary to prove the case against the rest of the persons who are accused of the offences mentioned in the said S. 337.
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