STATE Vs. BIGYAN MALLIK

JUDGEMENT

(1.) THIS is a reference made by learned Additional Sessions Judge of Cuttack under Section 395 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code") in Sessions Trial No. 65 -C of 1974.

(2.) BY order dated 31.8.1974, the learned Sub -Divisional Judicial Magistrate of Cuttack committed the accused persons to stand their trial in the Court of Session; seven of them for an offence punishable under Section 395 of the Indian Penal Code and the two others under Section 412 thereof. On application made by the prosecution, accused Hari Das was granted pardon by the learned Sessions Judge on 1.10.1974 in exercise of powers vested in him under Section 307 of the Code. By the said order, the learned Sessions Judge directed pardon to be tendered subject to the following conditions : -

(3.) THREE decisions of this court and an earlier decision of the Gujarat High Court have been referred to by the learned Additional Sessions Judge in his order of reference. In the case of Kalu Khoda v. State, AIR 1962 Guj 283 : (1962 -2 Cri LJ 604) (FB), the court was considering the provision of Section 337(2) of the old Code of Criminal Procedure. Referring to Sub -Sections (2) and (2 -A), the court held : -