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Shashi Kumar Rai vs State Of Bihar Thru.C.B.I on 24 July, 2014 cites

State Of Orissa vs Mr. Brahmananda Nanda on 31 August, 1976

Police remained present, both at the residence of the deceased, and at his village home, yet he did not disclose to the police party that he is an eye-witness of the occurrence and recorded his statement 4-5 days after the occurrence on 18.06.1998, as has been admitted by him in Paragraph 5 of his evidence, in the house of P.W. 24 Rama Devi after he was brought back from village home of the deceased by Rama Devi to record his statement, as has been admitted by him in Paragraphs 12, 13 of his evidence. The witness has further admitted in Paragraph 14 of his evidence that P.W. 24 Rama Devi remained present in Court during his deposition. In view of the aforesaid evidence of P.W.42 Shashi Bhushan Singh it is submitted that where a witness does not disclose to the police for a period of Patna High Court CR. APP (DB) No.878 of 2009 dt. 24 -07-2014 190 five days that he witnessed the assault, no reliance can be placed on the testimony of such witness as from his evidence it is quite evident that he recorded his police statement and deposition in Court under influence of P.W. 24 Rama Devi. Reliance in this connection is placed on the judgment of the Supreme Court in the case of State of Orissa Vs. Mr. Brahmananda Nanda A.I.R. 1976 Supreme Court 2488 Paragraph 2, State of Rajasthan Vs. Teja Singh and Others A.I.R. 2001 Supreme Court 990 Paragraph 2, Ramreddy Rajeshkhanna Reddy & Anr. Vs. State of Andhra Pradesh A.I.R. 2006 Supreme Court 1656 Paragraph 4-6.
Supreme Court of India Cites 0 - Cited by 125 - P N Bhagwati - Full Document
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