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Judgment
Manohar Lall, J.—For the reasons given by the learned Judicial Commissioner of Chota Nagpur in his letter of reference dated 25th August 1937, the conviction is set aside.
I do not however accept the recommendation that the case should be remanded for re-trial. The prosecution, as pointed out by the learned Judicial Commissioner, has failed to adduce the necessary evidence which would justify the conviction of the accused. It seems to me that the prosecution should not be allowed another opportunity to fill in the gaps which were deliberately left by them.
The prosecution must realize that they are required and expected to produce all the relevant and available evidence in order to bring home the charge to the accused and they cannot be allowed to produce evidence at their pleasure piecemeal.
With these remarks the reference is disposed of.