EMPEROR Vs. DHANKA AMRA

JUDGEMENT

(1.) In this case the conclusion that we have come to is that we ought to have before us, so that we can deal with them as evidence, the statements of the two accused recorded by Mr. Dolatram Motiram, First Class Magistrate of Palitana State. Those statements have been admitted in evidence and, as we think, wrongly admitted. They have been dealt with as if Section 80 of the Evidence Act applied to them. We do not think Section 80 does apply to them, because, we think, Section 80 refers only to those Officers, Judges and Magistrates who come under Clause 7 of Section 57 of the Evidence Act, that is to say, officers whose appointments and so forth are notified in the official Gazette and of whose signatures and offices the Court will take the judicial cognizance. It is necessary, therefore, that this Magistrate should be called and examined, and we direct that the Additional Sessions Judge of Ahmedabad do take the necessary evidence in the matter.

(2.) When the Magistrate of Palitana has appeared and deposed, it would appear on the authority of the case of Queen-Empress v. Nagla Kala (1896) I.L.R. 22 Bom. 285 that the statements themselves, that is the written papers, may be used as evidence, and when all this has been done, we shall be and not until then shall we be, in a position properly to deal with and dispose of this case.

(3.) The evidence, when taken, must be certified to this Court, and should be taken and certified as soon as possible.