EMPEROR Vs. PURSHOTTAM ISHVAR AMIN

JUDGEMENT

(1.) The questions referred for decision to the Full Bench are:- 1. Whether a statement recorded by any Magistrate in the course of a police investigation under Section 164., Criminal Procedure Code, is evidence in a stage of a judicial proceeding within the meaning of Section 193, Indian Penal Code, Explanation 2 ?

(2.) Whether such a statement can be said to be evidence in a stage of a judicial proceeding if the Magistrate who records it has no jurisdiction to inquire into or try the case ?

(3.) Whether, if such a statement is not evidence in a stage of a judicial proceeding, but comes within the meaning of the words 1 evidence in any other case , in Section 193, Indian Penal Code, it can be linked with a statement which is evidence in a stage of the judicial proceeding following on the investigation so that the two can be said to be a series of acts on which an alternative charge can be framed under Section 236, Criminal Procedure Code, of intentionally giving false evidence ?