JUDGMENT - (1) (After stating the facts and discussing the evidence, his Lordship proceeded :)

Then there is the statement of the accused made before, the Committing Magistrate. In this Statement, he has stated that, on that night, he had asked Kavita to sleep inside his house, that she refused to do so and that she told him that she would not stay with him and that on the following morning she would send for panchas and take a divorce. She then slept outside in the Pejari. He woke up in the morning and as he was angry with her, he took up a stone and gave two or three blows with it to her and killed her. In this statement, therefore the accused has admitted that he had killed kavita. Before recording this statement of the accused, the Committing Magistrate had not recorded any evidence. It has, therefore, been urged that this statement made before the Committing Magistrate is not admissible in evidence. It is, therefore, necessary to consider the relevant provisions of Section 207-A, whcih lay down the procedure to be doopted in proceedings instituted on a police report. Sub-section (4) of Section 173 provides that after the investigation is completed, the accused shall be supplied

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