what is the legal position after two finding of a magistrate in a judgement?

Sangramsinghrana (Querist) 12 October 2010 This query is : Resolved
in a case u/s 452/506/34 IPC,Magistrate,in his judgement after stating brief facts of the case and after mentioning prosecution as well defence evidence and depositions of witnesses in the middle of his judgement in Para no. 17 has gave his finding to the effect that " i have heared both the counsel and after gone through the record and evidence of file I am of the considered opinion that prosecution has miserbly failed to prove the case against the accused." and in last of his judgement in para 35 gave finding that " in my view prosecution is sucessful to bring home the guilt of accused" and convicted the accused even said magistrate in para 20 of his judgement, to corroborate the statement of complainant, has mentioned the statement of the eye witness which he has not deposed on oath in court. What is the legal position of Judgement after said two finding, it is pertnent that it is well established that said magistrate has converted his acquittal order in to a conviction order at last moment and said two finding is not merely a clerical mistake but due to change of decision in a very hurry manner.

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