BHAIJI MANOR Vs. EMPEROR

JUDGEMENT

(1.) The facts giving rise to this reference areas follows. Four accused persons have been-committed to the Court of the Sessions Judge of Kaira by the Resident First Class Magistrate of Borsad for trial under Section 302, Indian Penal Code. The offence is alleged to have been committed within the, limits of a village in the territory of the Baroda State. Therefore, a certificate from the Political Agent was necessary under Section 188 of the Criminal Procedure Code before an inquiry into the charge could be made in British India. What purported to be a certificate under Section 188 was produced in the proceeding before the Magistrate and was in this form: Dated Baroda, April 22,1933. Whereas the persons named in the margin are 1. Ram Manor | charged with having

(2.) Bhaiji Manor. committed an offence

(3.) Asha Rama. punishable under Section 302