Supreme Court · 1973 INSC 167 · Decided 17 September 1973
Ram Prasad and Others v. The State of U.P.
- Court
- Supreme Court of India
- Citation
- 1973 INSC 167 · [1974] 1 S.C.R. 650
- Case number
- CRIMINAL APPEAL No. 52/1970
- Decided
- 17 September 1973
- Bench
- HANS RAJ KHANNA, A. ALAGIRISWAMI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 149; Evidence Act
Headnote
Indian Evidence Act-Whether every person who has seen_ the incident should be cited as a witness by prosecution in the criminal case-Duty of the prosecution to bring on· record full and material facts. The apPellants were convicted u/s 148 and 302 read JVith Sec. 149 of the l.P.C. The the F.I.R. mentioned the names of three more persons who had seen the incident but they were not examined by the prosecution. In rejecting th: contention and dismissing the appeal. HELD : Non-examination ot 'some of the eye-witnesses mentioned in the F.I.R. does not introduce any fatal
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