Tahsildar Singh And Another vs The State Of Uttar Pradesh on 5 May, 1959
Further in the case of Tahsildar Singh v. State of U.P., it was also held that the statement not reduced to writing cannot be contradicted and, therefore, in order to show that the statement sought to be contradicted was recorded by the police, it should be marked and exhibited. However, in the case in hand, there is nothing on the record to show that the previous statement of the witness was placed before him and that the witness was given the chance for explanation. Again, his previous statement was not marked and exhibited. Therefore, his previous statement before the police cannot be used. Hence, his evidence that when he turned back he saw accused Badaruddin lowering the gun from the chest is to be taken as his correct version.