Monday, January 3, 2011

Criminal Procedure Code, 1973—Section 161 r/w Explanation to Section 162

Criminal Procedure Code, 1973—Section 161 r/w Explanation to Section 162—Witnesses in their statements under Section 161, Cr.P.C., omitted to state the oral dying declarations made to them by the deceased—Also when confronted could give no explanation for the omission—Held, omission made by these witnesses is a glaring omission, and, therfore, their statement cannot be relied on—Appeal allowed—Conviction of the appellant set aside.

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