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PETITIONER: BIPIN BEHARI SARKAR AND ANOTHER
Vs.
RESPONDENT: THE STATE OF WEST BENGAL
DATE OF JUDGMENT: 19/09/1958
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER DAS, S.K. KAPUR, J.L.
CITATION: 1959 AIR 13 1959 SCR 1324
ACT: Criminal Trial - Pardon, tender of - Refusal by accused to turn approver - Trial of such accused jointly with other accused Legality of - Code of Criminal Procedure (V of 1898), ss. 337 and 339.
HEADNOTE: The two appellants and one other person were accused of committing a murder. The second appellant made a confession before a Magistrate. The police submitted a charge sheet against the three accused. Thereafter the prosecution made a prayer to the sub-divisional Magistrate that the second appellant may be tendered a pardon under s. 337, Code of Criminal Procedure and the Magistrate recorded an order to the effect that he was tendered a pardon under s. 337 on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge. Before the Committing Magistrate the second appellant stated that the confession made by him was not voluntary and that he did not wish to become an approver. The appellants were committed to the Court of Sessions and were convicted of the murder and were sentenced to death. On appeal the High Court confirmed the conviction and sentence. It was contende...