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Sunari Alias Chamari vs State on 30 November, 1987

Accused has filed judgment in case titled as "Sunari Alias Chamari Vs. State 34 (1988) DLT 124" in which provisions of Section 100 Cr. P. C. have been discussed. It has been laid down in this case that calling of independent witnesses from public for witnessing the search is not an idle formality. Defence counsel relying upon this judgment argued that PW­1 in a casual manner has deposed that some public persons were asked to join the investigation but none agreed. He argued that there is no mention by SI Vinay Yadav that public persons were apprised of provisions of FIR No. 549/05 PS Pandav Nagar Page 12/13 Section 187 IPC. He argued that non joining of public witnesses at the time of search of premises in question makes recovery doubtful. I find force in submissions of defence counsel. From deposition of PW­1 and Ex. PW­1/A, it does not appear that sincere efforts were made by PW­1 to join public witnesses for search of premises in question. Non joining of public witnesses also makes recovery in the present case doubtful.
Delhi High Court Cites 8 - Cited by 11 - D P Wadhwa - Full Document
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