Supreme Court · 1996 INSC 1456 · Decided 10 December 1996
Balaram Prasad Agrawal v. State of Bihar & ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1456 · [1996] SUPP. 9 S.C.R. 752
- Case number
- CRIMINAL APPEAL No. 402/1996
- Decided
- 10 December 1996
- Bench
- G.N. RAY, S.B. MAJMUDAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 498, 34; Evidence Act Section 60; Constitution Article 142
Headnote
Evidence Act, 1872 : Section 60. Hem~ay-Admissibility of-Testimony of witness on basis of informa- C tion of anotherpeiwn-17ze said infonnant was also examined-Witness also approached police and lodged FIR based on that information-lnfonnant turned hostile at trial-Held : even if such infonnation and lodged FIR on basis of that infonnation-77zis pan of evidence of D · · hostile witness would not be hit by mle of exclusion of hearsay evidence. Section 8-Conduct-Hearsay evidence was admissible if it explained conduct of witness. Section 106-Proving of fact-Burden of-Within
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