Supreme Court · 2001 INSC 583 · Decided 28 November 2001
Shailendra Kumar v. State of Bihar and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 583 · [2001] SUPP. 5 S.C.R. 371
- Case number
- CRIMINAL APPEAL No. 1218/2001
- Decided
- 28 November 2001
- Bench
- M.B. SHAH, B.N. AGRAWAL, ARIJIT PASAYAT (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 148, 149, 323, 449, 302; CrPC Section 311
Headnote
Criminal Trial : Trial ~f murder case-It is the duty of the Trial Judge to issue summons to the Investigating Officer, if witnesses.failed to remain present during trial ~f a case. Criminal Procedure Code, I973 : A B c Section 3 I I-Powers under-It empowers the Court to summon material witnesses if their evidence appears to be essential to the just decision of the case-It is of very wide amplitude-Court could examine witnesses at any stage. Mother of the appellant was allegedly done to death by the accused E armed with lethal weapons and forming unlawful assembly. FIR was lodged against
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