Supreme Court · 1954 INSC 115 · Decided 2 December 1954
Budhan Choudhry and Others v. The State of Bihar
- Court
- Supreme Court of India
- Citation
- 1954 INSC 115 · [1955] 1 S.C.R. 1045
- Case number
- CRIMINAL APPEAL No. 83/1953
- Decided
- 2 December 1954
- Bench
- MEHR CHAND MAHAJAN, BIJAN KUMAR MUKHERJEA, SUDHI RANJAN DAS, VIVIAN BOSE, NATWARLAL HARILAL BHAGWATI, B. JAGANNADHADAS, T.L. VENKATARAMA AIYYAR (7-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 366, 143; CrPC Section 30; Constitution Article 14
Headnote
:S.C.R. SUPREME COURT REPORTS 1045 held against the appellant on this contention. The 1earned Judges of the High Court were of the opinion that as the execution and attestation took place at one sitting at the residence of P.W. 1, where the testa­ tor and the witnesses had assembled by that there was due attestation. It cannot be laid down as a matter of law that be­ cause the witnesses did not state in examination-in­ ·chief that they signed the will in the presence of the testator, there was no due attestation. It will depend -0n the circumstances elicited in
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