Supreme Court · 1953 INSC 57 · Decided 5 October 1953
Habeeb Mohammad v. The Slate of HYDERABAD.
- Court
- Supreme Court of India
- Citation
- 1953 INSC 57 · [1954] 1 S.C.R. 475
- Case number
- CRIMINAL APPEAL No. 43/1952
- Decided
- 5 October 1953
- Bench
- MEHR CHAND MAHAJAN, BIJAN KUMAR MUKHERJEA, B. JAGANNADHADAS (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307, 436, 342, 148; Evidence Act Section 162, 172, 257; Constitution Article 136
Headnote
COURT REPORTS HABEEB MOHAMMAD v. THE Sl'ATE OF HYDERABAD. f MEJ-m CHAND MAHAJAN, MuKHERJEA and JAGANNADHADAS JJ. J 475 Constitution of India, art. 136-Criminal appeal-Interference -Guiding principl~$-Failure to call material eye~witness-Failure --io issue process to important defence Act (l of 1872), ss. 53, " 114, illustration (g). Thou&h the prosecution is not bound to call all available witnesses 1rrespect1ve ot considerations of number or reliability, witnesses essential to the unfolding of the narrative on which the prosecution is based Jnust be called
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