High CourtsDivision Bench(1907) 07 BOM CK 0010

Emperor vs Laxman Subhana

Bombay High Court · Decided on 4 July 1907 · Citation: (1907) 9 BOMLR 895

HON’BLE JUDGES
Heaton, J · Chandavarkar, J
CASE NUMBER
Criminal Application for Revision No. 78 of 1907

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Judgment

1 paragraphs · 78 words

Curiam, J.—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.