Before Abdul Aziz, C. J.
Criminal Appeal No. 29 of 1950, decided on 1st July 1950, from the order of the Sessions Judge, Rahimyarkhan, dated 29th March 1950.
Criminal Procedure Code (V of 1898), S. 288- Witnesses resiling from statements before Committing Magistrate¬ Statements transferred to file of Sessions judge-Corroboration by statements under S. 164 Criminal Procedure Code-Trans¬ferred statements substantive evidence.
Statements of certain witnesses were transferred to the Sessions files under section 288 of the Criminal Procedure Code, those statements had become a substantive piece of evidence, and corroborated by the statements under section 164 of the Criminal Procedure Code should not have been excluded from consideration at the Sessions trial.
A. I. R. 1934 Cal. 124 and A. I. R. 1923 Mad. 20 referred to.