Judicial confession before Magistrate

Record showed that the accused persons had submitted an application before the Trial Court maintaining that they had never been produced before a Magistrate for recording of their confessions and that the confessions attributed to them were bogus

Besides proceedings of recording of the judicial confession deposed about by the relevant Magistrate showed that it had never been mentioned in those proceedings that before recording the confessions the handcuffs of the accused persons had been removed

Statement made by the concerned Magistrate before the Trial Court showed that some police constables did remain in the courtroom at the time of recording of the confessions

Such judicial confession could not be relied upon for convicting the accused persons

Convictions and death sentences awarded to accused persons were set-aside in circumstances and they were acquitted of the charge of murder

Appeal was allowed accordingly.