IN RE: T. DAS ALIAS RAMADOSS Vs. STATE

JUDGEMENT

(1.) SESSIONS Case No. 129 of 1970, now part -heard before the III Additional Assistant Sessions Judge, Coimbatore, is a case under Ss. 120B and 489A to 489D of the Indian Penal Code. During the Investigation of this case, the Inspector of Police applied to the Additional District Magistrate, Coimbatore for tendering pardon to two persons, viz. Velayudham and Raju Bai, The Sub -Magistrate (J) City I, Coimbatore, had previously recorded their confessional statements. On perusing the reports, the Collector and Additional District Magistrate, Coimbatore, on 15th May, 1969 authorised the Executive I Class Magistrate to exercise the powers under S. 337(1) Crl. P.C. Observing the formalities, the latter tendered pardon to them on 26th May 1969. There was a preliminary enquiry and after this the case was committed for trial before the III Additional Assistant Sessions Judge. When Velayadham (P. W 1) was put into the box, objection was raised about the legality of the pardon tendered to him and about the admissibility of his evidence. The learned Assistant Sessions Judge overruled these objections. The correctness of this order is now canvassed in this revision.

(2.) S . 337 1971 (Crl.) of the Code of Criminal Procedure reads thus: