STATE OF GUJARAT Vs. MALI PANCHA VAGHA KHANDEK

JUDGEMENT

(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 :

(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.