Emperor Vs. Laxman Subhana - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/338035 |
| Subject | Criminal |
| Court | Mumbai |
| Decided On | Jul-04-1907 |
| Case Number | Criminal Application for Revision No. 78 of 1907 |
| Judge | Chandavarkar and ;Heaton, JJ. |
| Reported in | (1907)9BOMLR895 |
| Appellant | Emperor |
| Respondent | Laxman Subhana |
Excerpt:
criminal procedure code (act v of 1898), section 162-statements of prosecution witnesses before police-their depositions before magistrate-comparison of two statements-conviction based upon the comparison-trial-illegality.;it is illegal fora magistrate trying an accused person to use as evidence against him the statements made by the prosecution witnesses before tha police by comparing them with their depositions and as a result of that comparison to convict him.
- curiam, j.1. it is clear from an examination of this case that the magistrate who tried the prisoners used as evidence against them statements made by the prosecution witnesses before the police, by comparing them with their depositions and as a result of that comparison convicted the prisoners. that was illegal. see section 162 of the code of criminal procedure. the convictions and sentences are quashed and we direct that the petitioners, if in jail, be set at liberty.
Judgment:Curiam, J.
1. It is clear from an examination of this case that the Magistrate who tried the prisoners used as evidence against them statements made by the prosecution witnesses before the Police, by comparing them with their depositions and as a result of that comparison convicted the prisoners. That was illegal. See Section 162 of the Code of Criminal Procedure. The convictions and sentences are quashed and we direct that the petitioners, if in jail, be set at liberty.