The judgment clarifies the procedure for granting pardon to an accomplice and the power of the Sessions Court to grant pardon under Section 307 of the Cr.P.C.

Narayanan Nambiar, J.

The dead body of P. C. Chandran, owner of Anil Jewellery, Kammathi Lafte, Kozhikode was found lying near'Swagathamadul by the side of National Highway-17. The prosecution alleged that the deceased was murdered by the accused during the night between 8.2.1990 & 9.2.1990. Six accused were charge-sheeted by the Assistant Commissioner of Police, North, Calicut City under Section 143, 396, 302, 364, 201 read with section 149 I PC. On the basis of an application filed by the prosecution, the first accused was tendered pardon by the trial court and he was examined as P. W. 3 in the case. After full-fledged trial, recording the oral evidence of. P.Ws.1 to 49, marking Exts. P1 to P57 and M. Os.1 to 44 on the side of prosecution and examining D. W.1 and marking Exts. D1 on the side of the defence, the trial court found that the offences alleged against the accused stand proved and accused 2 to 6 were found guilty under Sections 143, 396, 302 and 364 read with section 149 IPC. They were acquitted under Section 201 IPC. The accused were sentenced to undergo imprisonment for life under section 396 IPC. No separate sentence was awarded under Sections 302 and 143 IPC. They were also sentenced to undergo rigorous imprisonment for ten years under Section 364 read with Section 149 IPC.

2. A resume of the prosecution case is shown hereunder: The first accused Shaji, who was examined as P. W. 3, is the driver of a tourist taxi KL-5/1489. The car is usually parked at Pathanad in Pathanamthitta district. On 6.2.1990, accused 2 and 3 booked the car for a trip to Kozhikode on the morning of the next day. On 7.2.1990, accused 1 and 2 started from Panthanad and went to Perunna temple at Changanacherry. The other accused also entered the car and all of them together proceeded to Kozhikode via Alappuzha. They reached Kozhikode on the same evening and made an attempt to get at Chandran, but it failed. Therefore, they went to Kerala Bhavan Lodge at Kozhikode and stayed there. On the next day at about 8.15 p. m. while deceased Chandran was returning to his house from his jewellery shop at Kammathi Lane, the fourth accused snatched away his bag containing cash and gold and the second accused pushed him into the car. All the accused drove away. When resistance was offered by deceased Chndran, he was strangulated and after depriving him of the bag containing cash and gold and removing valuable articles like watch and rings from him, the dead body was thrown out by the side of National Highway-17,6 kms. away from Kottakkal on the way to Thrissur.

3. The third accused, Murugan, is a goldsmith, who was an apprentice under the deceased. He, being a resident of Calicut for years, was acquainted with the jewellers in Kammathi Lane, Kozhikode and also the place around.

4. When the fourth accused snatched away the bag from Chandran, he called out for help. P. W.1, Anil Kumar, son of the deceased and P. W. 5, who was a helper in the Chandran's shop, were then in the house of the deceased. On hearing the alarm, they got out of the house, but could not find anybody on the road. They proceeded further and reached Patteri Junction and on enquiry, P. W. 10, Krishnaku.mar, told P. W. 1 that he saw a car going from the by lane entering the Koxhidode - Mavoor main road and proceeding towards Kozhikode side. He also reported to P. W.1 that he saw struggle going on inside the car. P. W.1 made enquiries with the neighbours, but could not get any useful information regarding the whereabouts of his father. He could find a pair of Chappal, which belonged to his father, by the side of the neighbouring house on the road side. P. W.1 informed the matter to the night patrol party who did nothing except advise P. W.1 to report the matter to the Medical College Police Station. At about 2.30 a. m. P. W.1 went to the Medical College Police Station and gave the first information statement in which he stated that he heard the alarm raised by his father and he als