Supreme Court · 2004 INSC 95 · Decided 10 February 2004
Sashi Jena and ORS. v. Khadal Swain and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 95 · [2004] 2 S.C.R. 260
- Case number
- CRIMINAL APPEAL No. 697/2003
- Decided
- 10 February 2004
- Bench
- Y.K. SABHARWAL, B.N. AGRAWAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34; CrPC Section 202; Evidence Act Section 33, 157
Headnote
Evidence Act, 1872-Sections 33 and 157-Code of Criminal Procedure, 1973-Section 202-Complaint made to Magistrate against appellants for C murder of deceased for not bringing sufficient dow1y-lnquiry ordered by Magistrate-Case committed to trial court on completion of inquiry-Appellants convicted prosecution during the inquiry but turning hostile during trial-Admissibility of the statement made during the course of inquiry-Held, not admissible since the accused has no right or opportunity D to cross-examine the witness during the inquiry-Statement cannot be used to corroborate evidence
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