MADDELA YERRA CHANNUGADU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) When these referred trials came up for hearing on 19th inst. the Public Prosecutor, Andhra, informed the court that he has been instructed to state that all the condemned prisoners, whose trials have been referred for the confirmation of sentences by the High Court, have been released as a result of a general amnesty granted by the Government of Andhra and therefore he submitted that, the referred trials cannot be proceeded with. The question then arose as to whether the release of the condemned prisoners, pending the confirmation of their sentences by this court, does, or does not amount to an act of interference with the due and proper course of justice in that in cases pending before this court, the Government have, by their action, prevented the proper disposal of these cases. Under these circumstances, we requested the Advocate Genera], Andhra, to appear before us on 22-1-1954 and explain & clarify to us the situation created by the order of general amnesty. Accordingly the learned Advocate General has placed before us the implications of the order of amnesty & submitted that no further action is called for in the circumstances. We therefore propose to discuss and express our opinion relating to the merits of the Advocate General's argument.

(2.) Paragraph 1 of G. O. Ms. No. 25 Law (Prisons) Department dated 12-1-1954 is to the following effect:

(3.) Chapter 27 of the Criminal Procedure Code containing Sections 374 to 380 relates to the submission of sentences for confirmation and the fasciculus of sections contained therein deal with the procedure to be followed when a Sessions Judge finds a man guilty of an offence punishable with the sentence of death and passes such sentence. After convicting a man of an offence punishable with death and sentencing him to the extreme penalty of the law, the Sessions judge submits the proceedings to the High Court for confirmation. Section 375 deals with the powers of the High Court to direct further enquiry to be made or additional evidence to be taken. Section 376 deals with the powers of the High Court to confirm sentence or annul conviction. Sections 377 to 380 deal with matters which are not very germane for the present purpose. The present Section 374 has its forbear in Section 380 of Act 25 of 1861 in which the relevant portion is to the following effect :