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1973 Supreme(Guj) 59

A.A.DAVE
GAGU @ NAVGHAN RANDHIR – Appellant
Versus
STATE – Respondent


Advocates Appeared: G.T.NANAVATI, H.K.THAKORE, Y.S.KRISHNAN

A. A. DAVE, J.

( 1 ) THIS revision application raises a very interesting question of law relation to the power of the court to tender a pardon with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence.

( 2 ) IN order to appreciate the point in question it will be worthwhile to refer to the salient facts of this case. A Charge sheet was submitted by the police against seven accused alleging that in furtherance of the common intention to murder the deceased they all committed his murder punishable under sec. 302 I. P. C. read with sec. 34 I. P. C. It was alleged that accused No. 1 had illicit relationship with the wife of the deceased Gagu. So accused No. 1 wanted to kill Gagu. He therefore is alleged to have taken into confidence other accused and in furtherance of their common intention Gagu is alleged to have been murdered. One Arjan Khengar is one of the seven accused persons. The statements recorded by the police disclosed that deceased Gagu was last seen in the company of Arjan Khengar. It is stated by the witnesses before the police hat it was this Arjan Khengar who had taken away Gagu while he was in th










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