ORDER :-

This is an application by Md. Hasamad Mia, condemned to death, under sub-clause (c) of Cl.(1) of Art.134 of the Constitution for a certificate that the present case is a fit one for appeal to the Supreme Court. In the application as originally presented through the Jail only questions of fact bearing on the appreciation of evidence led in the case were relied upon in support of the prayer for the certificate. However, after this Court had appointed Shri A. Nilamani Singh, Advocate, as amicus curiae, to help the Court in deciding the application that Advocate presented a new set of grounds in justification of that prayer. Since it was stated at the bar that the original application had not been prepared by the prisoner with competent legal aid, I have decided to take into consideration the supplementary grounds while adjudging the merits of the application for certificate. In the supplementary grounds a question of law raised is that the learned Sessions Judge had not taken the statements made by the prosecution witnesses before the Committing Magistrate, and which statements are in contradiction to their averments made at the trial, as constituting substantive piece of evi