Bishan Datt vs King-Emperor - 1904 Supreme(All) 85

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1904 Supreme(All) 85

BURKITT
Bishan Datt – Appellant
Versus
King-Emperor – Respondent

JUDGMENT :

BURKITT, J.

This is an application in revision by one Bishan Datt against his conviction and sentence of one year's rigorous imprisonment for abetment of an offence under section 380 of the Penal Code, 1860. The conviction is but faintly supported by the learned Assistant Government Advocate, and in my opinion it cannot stand. From the judgment of the Deputy Magistrate, it is clear that there were only 2 pieces of evidence against the applicant. The Deputy Magistrate records: “The evidence, so far as Bishan Datt is concerned, consists of the confessions of Bhup and Nokhe, accused. I can take them into consideration” against him under section 30 of the Evidence Act. “Now, in this matter, the Magistrate is entirely wrong. Had the statement made by Bhup and Nokhe been confessions the Magistrate might, no doubt, have lawfully used them as he did; but those statements are not confessions. The two men do not in those statements admit that they committed the offence of theft; on the contrary they stoutly deny having committed any offence they say that they were sent to fetch property belonging to Musammat Sundari, and that they received the articles in question from her as her pr

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