Law: Criminal Procedure Code (V of 1898)

Section: 350

Law: Punjab Public Safety Act, (II of 1947)

Section: 37

(a) Criminal Procedure Code (V of 1898) S. 350-Applies only to proceedings before Magistrates-Conviction by 'Sessions Judge on evidence partly recorded by him and partly by his predecessor in office--Trial illegal. Where the Sessions Judge had convicted the accused on -evidence partly recorded by himself and partly by his predecessor in office, Held that the trial was prima facie illegal. The judge who convicts, must do so on the evidence heard by hick and an exception from this rule is justified only when a particular case comes within an exception recognised by statute. No such exception is applicable to the present case, because section 350 of the Code of Criminal Procedure applies only to proceedings before Magistrates and a trial before a Court of Session is certainly not a proceeding before a Magistrate: 1. P. R. 1890 (Criminal) relied on, I: L. R. 26 Bom. 50 and 1. L. R. 35 All. 63 referred to. (b) Punjab Public Safety Act (II of 1947) S. 37-Does root affect general Principles of section 350 of Criminal Procedure Code (V of 1898). Section 350 of the Code being only applicable to proceedings before Magistrates, its omission from the Code by section 37 of the Punjab Public Safety Act, 1947, in no way affected the general principle that a judge has no power to act, upon depositions not heard and recorded by himself, unless those depositions are tendered before him as a relevant fact under the authority of some section of the Evidence Act, the Criminal Procedure Code or some other Act. JUDGMENT This appeal, which is from a sentence of death on a conviction of murder, must succeed and the conviction and sentence set aside on the short ground that in ' coming to his findings the learned Additional Sessions judge has partly acted on evidence not recorded by him but by his predecessor. The case related to a charge of murder and bad been sent up to the Court of Session by a Magistrate under section 3; of the Punjab Public Safety Act, 1947. That Act expired on 14th August 1949, but under the proviso to section 36 of the West Punjab Public Safety Act, 1949, the trial had to be held in accordance with the provisions of section 35 of the Act of 1947. The trial opened…

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