Judgement

Appeal (No. ii of 1936) in forma pauperis, by special leave, from a judgment of the High Court (October 10, 1935) which affirmed the judgment of the Additional Sessions Judge of Lyallpur (April 16, 1935) convicting the appellant of dacoity with murder under s. 396 of the Indian Penal Code and sentencing him to death.

The main question arising on this appeal was whether, when the provisions of s. 164 of the Code of Criminal Procedure regarding the recording of confessions have not been complied with by a magistrate empowered to record confessions under that section, oral evidence of a confession alleged to have been made to him might be given by such magistrate, and memoranda made by him of the confession exhibited, on the trial of the person said to have made the confession.

The facts and the material provisions of the Code of Criminal Procedure appear from the judgment of the Judicial Committee.

The Additional Sessions Judge, acting on the alleged admissions, found the appellant guilty.

On appeal, the High Court (Young C.J. and Monroe J.) said that the confession had not been recorded under s. 164 of the Code of Criminal Procedure, but that the magistrate was called and