While accepting the evidence of the prosecution so for as it sought to prove that Chhita met with homicidal death, the trial Court rejected the entire evidence adduced by the prosecution to prove that the appellant was the author of the crimes.
Preetam , the appellant herein and his brother Ishwar Lal were placed on trial before the Sessions Judge, Morena, for companymitting the murder of one Chhita on June 15, 1973 and removing ornaments from his person.
It appears from the record that the appellant was arrested on June 17, 1973 and on his production before the magistrate on the following day was directed to be sent to police custody, as prayed for by the investigating officer.
To prove its case the prosecution relied upon three eye witnesses, the doctor who held the autopsy, a judicial companyfession of appellant and some recoveries made pursuant to his statement.
He remained in such custody till June 22, 1973 when he was sent to judicial custody under orders of the magistrate.
On his production, the Magistrate gave him tow hours time to reflect and then recorded the companyfession.
Thereafter he was produced before the Magistrate on June 25.
The trial ended in an acquittal and aggrieved thereby the respondent State preferred and appeal.
The above order of reversal is under challenge in this appeal.
1973 for recording his companyfession.
