Supreme Court · 2007 INSC 811 · Decided 6 August 2007
Rajendra Singh v. State of U.P. and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 811 · [2007] 8 S.C.R. 834
- Case number
- CRIMINAL APPEAL No. 1019/2007
- Decided
- 6 August 2007
- Bench
- G.P. MATHUR, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 319, 161an, 482, 161, 162; Evidence Act Section 103
Headnote
Code of Criminal Procedure, 1973-ss. 319, 161and482-Murder by two persons-Allegation of-'-Charge-sheet only against one person -Accused C (not charged) called by trial court to face trial in view of eVidence of first informant-Application thereagainst u/s 482-Plea of alibi by the accused placing held: Jn view of the evidence of the first informant, the accused, even though not chargesheeted was rightly called to face the D trial-The statement u/s 161 being wholly inadmissible in evidence could not have been taken into consideration by High Court-A finding on a plea of alibi cannot be
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