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1 - 10 of 17 (0.62 seconds)Section 201 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Habeeb Mohammad vs The State Of Hyderabad on 5 October, 1953
(36) "15. ..... it is true that all the witnesses of the prosecution need not be called but it is important to notice that the witness whose evidence is essential to the "unfolding of the narrative" should be called. This statutory principle in criminal trials has been stressed by this Court in the case of Habeeb Mohammad v. The State of Hyderabad : 1954 AIR 51, for eliciting the truck."
Ganesh Bhavan Patel & Anr vs State Of Maharashtra on 18 October, 1978
(38) Another circumstance which militates against the claim of both the eye-witnesses of having seen the incident is the delay in their interrogation under Section 161 Cr.P.C. P.W.1 admitted in his cross-examination that after lodging of the F.I.R. he was not straight away interrogated at the Police Station by the Inspector. He states that after lodging the report, he met with Inspector and by that time, copy of chik was supplied to him. He along with the Inspector and other Constables came on the spot at 11:00 a.m. through a Jeep and he stayed on the spot till 02:00 p.m. and between 11:00 a.m. to 02:00 p.m., no talk was happened with the Inspector about the incident. The evidence of the Investigating Officer P.W.7 -Shiv Murti Singh, however, shows that on the date of the incident, he recorded the statement of the informant and then proceeded to the place of occurrence. No cogent explanation has been offered by the prosecution for this contradiction in the statement of P.W.1 and P.W.7 in recording the statements of witnesses under Section 161 Cr.P.C. In this context it would be useful to refer to the observations of the Apex Court in paragraph 15 and 18 of the judgment Ganesh Bhawan Patel v. State of Maharashtra : 1979 AIR 135, which are to the following effect :-