Judgement

Appeal (No.37 of 1946), by special leave, from a judgment and order of the High Court (Horwill and Bell, JJ.) (October 22, 1945) which dismissed an appeal against a judgment and order of the Court of Sessions, Guntur Division (August 2, 1945) whereby the appellants, who were accused Nos. 1 to 9, and nine others, were found guilty on charges of rioting and murder. Appellants 1, 2, 3, 4, 7 and 8 were sentenced to death, and appellants Nos. 3 and 9 were sentenced to transportation for life. There were lesser concurrent sentences which need not be noticed.

The appeal raised questions as to the effect of a failure to comply with the provisions of s. 162 of the Code of Criminal Procedure, and as to the construction of ss. 26 and 27 of the Indian Evidence Act.

The relevant facts appear from the judgment of the Judicial Committee.

By s. 162 of the Code of Criminal Procedure, 1898—

“162. (1) No statement made by any person to a police-officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police-diary or otherwise, or any part of such statement