Bombay High Court
Emperor vs Laxman Subhana on 4 July, 1907
Equivalent citations: (1907)9BOMLR895
JUDGMENT Curiam, J.
1. It is clear from an examination of this case that the Magistrate who tried the prisoners used as evidence against them statements made by the prosecution witnesses before the Police, by comparing them with their depositions and as a result of that comparison convicted the prisoners. That was illegal. See Section 162 of the Code of Criminal Procedure. The convictions and sentences are quashed and we direct that the petitioners, if in jail, be set at liberty.