Somasundaram, J.-The Additional Sessions Judge of Salem has found the accused guilty of murder of one Sellappa Goundan, uncle of the accused and sentenced him to death.

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[After discussing the evidence and finding the accused guilty of murder His Lordship proceeded.]

The learned advocate (for the accused) raised a point that the Sessions Judge in this case has not complied with the provisions of section 342, Criminal Procedure Code and therefore the trial is vitiated. In the Sessions Court the statement made by the accused before the committal Court was read out to him and, after marking it as Exhibit P-5 and recording his answer that it is correct, the Sessions Judge simply asked the accused whether he wished to say anything more. The accused said he had nothing to add; and then the learned Judge proceeded to ask if the accused had any defence witnesses, to which the accused said that he had none. In the committal Court all the circumstances that appeared against the accused in the evidence given before the committing magistrate were put to the accused and his answers were obtained from him. There is not a single circumstance on which that Court could rely on against the acc

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