1. This is an application in revision on behalf of the petitioner Mundrika Lal, who in an accused under Section 392 of the Indian Penal Code, which is pending trial in the court of a Judicial Magistrate at Nawadah.

2. One Mohammad Shafi filed a petition of complaint alleging, inter alia, that, on the 10th October, 1967, at about 8 a.m., he was passing via village Akri, police station Hisua, when the petitioner, with the help of two other persons, at the point of dagger, snatched Rs. 40/- from the upper pocket of the complainant and fled away giving a threat that, if he would raise hulla, they would kill him. After the petitioner and his other two companions fled away, the complainant raised hulla. On his hulla some persons came at the spot. On the basis of the said petition of complaint, the petitioner was put on trial for an offence under Section 392 of the Indian Penal Code in due course.

3. During the pendency of the trial, some witnesses were examined and cross-examined, and ultimately statement of the petitioner was recorded under Section 342 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the 'Code') on the 7th October, 1971. The learned Magistrat