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State of Bihar - Section

Section 71 in Criminal Court Rules of the High Court of Judicature at Patna

71.

When the record of a case tried at the Session is submitted to the High Court, the Sessions Judge shall call for (if necessary) and forward simultaneously all the police diaries connected with the case. He should also forward such of the material exhibits as in his opinion will be of importance at the hearing in the High Court and if any such exhibit is bulky he should ask for the instructions of the High Court. It is important to send any material exhibits directly connecting the accused with the crime. In murder and homicide cases all weapons, garments and other articles which are relied upon by the prosecution to prove the identity of the murderer or his victim should invariably be forwarded. Stolen property said to have been recovered and identified should also be forwarded. Such of the material exhibits as are not sent up with the record should not be returned or destroyed until the period for filing an appeal has expired, or, if an appeal is filed, until the appeal has been decided. [G.L. 1/35, G.L. 1/36, G.L. 2/43].