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Emperor Vs. Rash Behari Ghose and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in62Ind.Cas.590
AppellantEmperor
RespondentRash Behari Ghose and anr.
Excerpt:
criminal procedure code (act v of 1898), sections 255, 256 - further evidence, whet can be taken after accused pleads guilty--discretion of magistrate. - .....examined before the framing of the charge, that the name of the head constable referred to in the reference was not on the list of witnesses and having regard to the record of the evidence of the witnesses who were in fast examined, we do not feel disposed in the circumstances of this case to accept the recommendation and, therefore, the sentences will stand.
Judgment:

1. This has come before us on a Reference by the District Magistrate, recommending that the sentences upon the amused should be enhanced. If an accused pleads guilty, it is open to the Magistrate in his discretion to take further evidence, and it is also open to the Crown to suggest that this may be done, In this particular case, having regard to the fast that the prosecution did not ask for the examination of further witnesses than those who were examined before the framing of the charge, that the name of the Head constable referred to in the reference was not on the list of witnesses and having regard to the record of the evidence of the witnesses who were in fast examined, we do not feel disposed in the circumstances of this case to accept the recommendation and, therefore, the sentences will stand.


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