KHIRO MONDAL Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by one Khiro against the order of the learned District Judge of Rajshahi convicting the appellant under Section 395, I.P.C., and sentencing him to three years rigorous imprisonment. The appellant was tried jointly with another man Sabur Sheikh. Sabur Sheikh was acquitted. The dacoity with which we are concerned took place in the house of one Prosanna Chandra Mandal on 27 July 1927. The usual investigation followed but no clue was obtained.

(2.) Then later in connexion with the investigation of another dacoity the present accused Khiro made some statements to the police as the result of which he was taken before a Deputy Magistrate where he made a statement which forms the basis of the present case. Khiro and Sabur were committed to the Sessions with the result already noted. It will be seen and it is admitted that the only evidence against the present appellant is his own confession which was subsequently retracted.

(3.) The appellant has contended that for certain reasons the Judge should have held that the confession was not voluntary and so inadmissible in evidence and that being so the Judge should have told the jury that there being no evidence against the accused they should return a verdict of not guilty. Further that certain formalities not having been complied with the confession for that reason was inadmissible. The admissibility of evidence is a question for the Judge.