BIPIN BEHARI SARKAR AND ANOTHER vs THE STATE OF WEST BENGAL

The Supreme Court held that a mere tender of pardon under Section 337 of the Code of Criminal Procedure does not activate the provisions of Section 339 unless the pardon is accepted by the accomplice and he is examined as a witness. In this case, the second appellant did not accept the pardon and thus there was no effective pardon, leading to the conclusion that the joint trial of the appellants was not vitiated. The Court upheld the conviction under Section 302 IPC and confirmed the death sentence imposed by the Sessions Judge.