Dave, J.—This is an appeal by the accused Kishna against the judgment of the Sessions Judge, Kishangarh, dated the 31st October 1949, by which he has been convicted under sec. 307 I.P.C. and sentenced to undergo seven years rigorous imprisonment and pay a fine of Rs. 200/- or suffer six months further rigorous imprisonment in default.

2. The applicants advocate contends that the main evidence in this case is that of the complainant, prosecution witness Mst. Chandri, alone that it is neither sufficient nor reliable to base the appellants conviction and, therefore, he should be acquitted. The Government Advocate, on the other hand, argues that Chandris statement was fully supported by the appellants own confession recorded under section 164 Cr. P.C. and that this important piece of evidence being wrongly rejected by the Sessions Judge it should be admitted now.

3. It appears from the record of the Sessions Judges court that on the 17th of October, 1949 when the Public Prosecutor had examined three prosecution witnesses, he presented an application before that court with a request to summon the Magistrate, Shri V. V. Halve, and examine him about the appellants confession which he had re

Click Here to Read the rest of this document