Supreme Court · 1971 INSC 332 · Decided 29 November 1971

Damodarprasad Chandrikaprasad & ORS. v. State of Maharashtra

Court
Supreme Court of India
Citation
1971 INSC 332 · [1972] 2 S.C.R. 622
Case number
CRIMINAL APPEAL No. 138/1968
Decided
29 November 1971
Bench
A.N. RAY, D.G. PALEKAR (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 34, 149, 148; Evidence Act Section 157

Headnote

Practice and Procedure-Appeal against acq11ittal-High Co11rt's power of interference. Evidence Act (I of 1872), s. 151-F.l.R. not prored through maker ·If admissible. The High Court set aside an order of acquittal of the appellants on various charges and convicted them. One of the items of it was not proved through its maker when he gave e\idence in the trial court. the High Court held it to be aclmissihle under s. 157 of the Evidence Act. In appeal to this Court, HELD : (I) The High Court was wrong in holding that the First Information Report would be admissible under s .. 157 of

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