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    <title>1997 (10) TMI 414 - Supreme Court</title>
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    <description>After committal, pardon to an approver could be tendered only by the court before which the case stood committed; a Magistrate&#039;s grant at that stage was without jurisdiction and the approver&#039;s evidence was therefore excluded. Non-compliance with Section 306(4)(a) CrPC did not vitiate the trial where pardon was granted post-committal under Section 307. The remaining evidence, including recoveries, eyewitness material and medical evidence, sustained the principal accused&#039;s liability for murder and allied offences, but was insufficient, without the approver&#039;s testimony, to prove conspiracy or to sustain murder convictions against the other accused beyond the proved possession of stolen property. The death sentence was also set aside as the case did not fall within the rarest of rare category.</description>
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    <pubDate>Tue, 21 Oct 1997 00:00:00 +0530</pubDate>
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      <title>1997 (10) TMI 414 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=297440</link>
      <description>After committal, pardon to an approver could be tendered only by the court before which the case stood committed; a Magistrate&#039;s grant at that stage was without jurisdiction and the approver&#039;s evidence was therefore excluded. Non-compliance with Section 306(4)(a) CrPC did not vitiate the trial where pardon was granted post-committal under Section 307. The remaining evidence, including recoveries, eyewitness material and medical evidence, sustained the principal accused&#039;s liability for murder and allied offences, but was insufficient, without the approver&#039;s testimony, to prove conspiracy or to sustain murder convictions against the other accused beyond the proved possession of stolen property. The death sentence was also set aside as the case did not fall within the rarest of rare category.</description>
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      <pubDate>Tue, 21 Oct 1997 00:00:00 +0530</pubDate>
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