Devadoss, J.

1. Several points are urged by Mr. Vaz in this case and the only point that needs consideration is whether the Magistrate who tried the case was justified in overlooking certain documents filed by the defence at the close of the case. One of them is a telegram purported to have been sent by the 1st accused to the 2nd accused on 1st April, 1926. Another is a receipt for 12 annas for the cost of the telegram. The third is the post card said to have been written by the 2nd accused to the 1st accused in reply to the telegram on the 1st April, 1926 from Madura and the fourth is a railway ticket from Egmore to Madura, dated 4th April, 1926. These documents were put in along with the statement of the accused. The Magistrate remarked:

These records have not been put in through proper channel. Nor1 have they been subjected to cross-examination. And, therefore, I refrain from commenting upon these unproved records as they have not been exhibited in this case.

2. Where a document is written by the accused, whether it be a letter or any other document, it is open to the accused to file it in Court along with his statement. It may be that there is no witness to speak to the actua