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# Chander Mohan Dutta vs $ State on 27 May, 2013

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P.K.BHASIN, J:

The petitioner-accused is facing trial in Sessions Case No.141/1/10 arising out of FIR No. 852/2000 registered on 30th August, 2000 at Rajouri Garden Police Station, for the commission of offences punishable under Sections 120-B IPC, 193/195/196 r/w Section 120-B IPC, 389 r/w 120-B IPC and 218 r/w Section 120-B IPC alongwith two others. Charges for these offences were framed by the learned Additional Sessions Judge on 18th August, 2007. Thereafter the prosecution evidence started and when

Crl. Rev. P. 119/2010 Page 1 of 7 seven prosecution witnesses had been examined the petitioner- accused raised an objection before the trial Court that PWs 1, 2, 6 and 7 were accomplice witnesses and so their evidence should not have been recorded since they had not been tendered pardon as prescribed under Section 306 of the Code of Criminal Procedure,1973 ('Cr.P.C.') by the Magistrate either during the investigation stage or even after filing of the charge-sheet and so a prayer was made to the Court for complying with the provisions of Section 306 or 307 Cr. P.C. if at all their evidence was to be used against the accused. The learned t


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