In Crime No. 101 of 1966 of Tiruttani Police Station three persons, Chinnappa, Aruldoss and Krishnan, were charged for the murder of one Gopal. The confessional statement of Krishnan was recorded by the Sub-Magistrate, Kancheepuram, on 9th March, 1966. Subsequently on 17th June, 1966, when the matter was still under investigation pardon was tendered to Krishnan by the Executive First class Magistrate, Tiruvellore, acting under the proviso to section 337(1) of the Code of Criminal Procedure. Krishnan was sought to be examined as P.W.I in the preliminary enquiry conducted under Chapter or XVIII the Code of Criminal Procedure by the Judicial Second-class Magistrate, Tiruttani. Objection was taken to this by the other two accused, Chinnappa and Aruldoss, on the ground that the tender of pardon was invalid, because the Executive First-class Magistrate, Tiruvellore, who tendered the pardon had himself not examined Krishnan and recorded his statement but had merely relied on his prior confessional statement made on 9th March, 1966, before the Sub-Magistrate, Kancheepuram. This objection was overruled by the learned Judicial Second-class Magistrate, Tiruttani. This revision case ha