Sunil Kumar Ghosh & Ors vs State Of West Bengal on 18 April, 2008
Author
documents.
19. By virtue of sub-section (1) of Section 294 of the CrPC, before a
document can be read in evidence under ... obtain
admission or denial on a document under sub-section (1)
to Section 294 CrPC personally from the accused or
complainant
under Sec. 164 CrPC by learned Metropolitan
Magistrate. Said statement in toto was admitted by learned defence counsel
under Sec. 294 CrPC ... offence
punishable under Sec. 304-II IPC.
CHARGE UNDER SECTION 201 IPC :
47. Qua, charge under Sec. 201 IPC against accused Mohd. Iliyas
admitted in evidence only under " section 45 , Evidence Act. By admitting document under section 294 , Criminal Procedure Code the document could not become under ... section 45 , Evidence Act expert evidence. It was further observed, that section 294 , Criminal Procedure Code does not in any way modify
Section 294 , Cr.P.C. is a new section as it has no equivalent in the Code of Criminal Procedure , 1898. It is based ... document filed by the prosecution or the accused under Sub-section (1) of Section 294. Cr.P.C . to prove his signature and the correctness
party it can be read as substantive evidence under Sub-
Section (3) of Section 294 Cr.P.C. Accordingly, the post mortem
report ... substantive evidence in view of non-compliance of
Section 294(1) and Section 294(3) of Cr.P.C. and raising objection by the
defence
marked with consent under Section 294 of the Code of Criminal Procedure.
18. While commenting upon the evidence of dying declaration ... Section 294 , Cr.P. C., still the conviction cannot be based on the dying declaration. The learned counsel invited our attention to section 294 ,
that the format of list under section Section 294(2)
has been prescribed. In Criminal Manual Chapter VI para 32, such
a form is prescribed ... Magistrates and Judges is
invited to Section 294 of the Code of Criminal
Procedure, 1973, according to which the particulars
of the documents filed before
that the format of list under section Section 294(2)
has been prescribed. In Criminal Manual Chapter VI para 32, such
a form is prescribed ... Magistrates and Judges is
invited to Section 294 of the Code of Criminal
Procedure, 1973, according to which the particulars
of the documents filed before
marked with consent under Section 294 of the Code of Criminal Procedure.
18. While commenting upon the evidence of dying declaration Ex. P8, the learned ... form of dying declaration, which was marked with consent under Section 294 , Cr.P.C, still the conviction cannot be based on the dying declaration