free and fair criminal
trial in accordance with the procedure established by law, he has a
Crl.M.C. 1906/2011 Page ... thus, the provisions of Section 306(4)(b)
Crl.M.C. 1906/2011 Page 5 of 15
Cr.P.C ., which is based on public
legal principles
regarding the appreciation of evidence of an approver.
43. Section 306 Cr.P.C. deals with tender of pardon to an
accomplice ... time of investigation.
44. Sub-section (2) of Section 306 Cr.P.C. deals with the power of
granting pardon by a Court of Sessions
Magistrate, as per order
dated 20.12.2005 in Crl.M.P.No.3302/2005, tendered
pardon under Section 306 Cr.P.C. to accused ... mandate of Section
306(5) Cr.P.C.
23. Section 306 Cr.P.C. reads thus:-
"306.Tender of pardon to accomplice.-
(1) With
inherent
powers u/s 482 Cr.pc. ...... Sub- Section 4 of Section 306
Cr.pc cannot be interpreted in a manner which would defeat ... accused is
granted pardon under the relevant provisions of the Code of
Criminal Procedure , he ceases to be an accused and appears
witness
cannot be treated as accomplice/approver as per provision of 306 Cr.P.C
which reads as follows:-
" Section-306 , tender of pardon ... civil or criminal proceeding, upon the ground that the answer to
such question will criminate, or may tend directly or indirectly to criminate, such
witness
Constitution of
India read with section 482 of Criminal Procedure Code.
4. Learned counsel
appearing for the petitioner invited this Court s attention ... there under, namely by
complying with provision of section 306 (1) and 306 (4) of Cr.P.C.
In the instant case as could
recording of evidence of Sudipa in terms of section 306(4) of Code of Criminal Procedure and directed supply of copies of the approver ... recorded her statement (Ext. '8') under section 306(4) of Code of Criminal Procedure. Ext. '8' having been recorded
have preferred this
Criminal Revision Application under Section 397 read with
Section 401 of the Code of Criminal Procedure (for short
" ... Cr.P.C. Therefore Section
307 of Cr.P.C. is applicable. The conditions mentioned in Section
306 (3)(a) of
accepting a tender of
pardon made under sub- section 1 of Section 306 Cr.P.C. shall, unless
he was already on bail, be detained ... petition under Section 482 Cr.P.C. in this
Crl. A. 953/2013 Page 4 of 14
Court(being Crl.M.C. 2643/2013). That
I.P.C .
Ashwani
Narendra Kumar 363, 364, 366A, 376, 302 and 120B I.P.C .
@ Kallu
Gautam Giri 364, 366A, 302, 120B ... CRLA-862/2011]
procedure under Section 306(4)(a) Cr.P.C. His pertinent
submission was that the counsel, who had appeared in those
proceedings
