Roy, J.

[1] The appellant Babbu alias Babu Ram has been convicted by the learned Additional Sessions Judge of Farrukhabad under Sections 307 and 309, I.P.C. He preferred an appeal to this Court. The appeal was heard by a learned single Judge on 26-10-1953. The learned single Judge has referred the following question for decision by this Bench:

"Whether the statement Ex. P. 8 could be admitted in evidence as a confession in view of the decision of their Lordships of the Privy Council in -- 'Nazir Ahmad v. King Emperor', AIR 1936 PC 253 (2) (A), after such a statement has been ruled out as inadmissible under Section 32, Evidence Act?"

[2] The appellant was charged with having assaulted his wife with a gandasa and having caused her serious injuries. He was further charged of having inflicted injuries on himself in order to end his own life after he had assaulted his wife. Both the appellant and his wife were found lying injured and almost in an unconscious state by some people and then report of the incident was made and investigation commenced. The prosecution were unable to produce any eye-witnesses of the actual assault. Reliance was placed by the prosecution on the extra-ju