RAM CHARAN & ORS. versus STATE OF U.P.
Statements of witnesses recorded under s. 164, Cr. P.C., accompanied by a magistrate's endorsement, do not by themselves render evidence suspect or less believable if the witness maintains his version in court throughout; such evidence should be received with caution but may be acted upon if corroborated.
- Parties
- Appellant: Ram Charan; Appellant: Dularey; Appellant: Ram Bux; Respondent: State of U.P.
- Jurisdiction
- India
- Judgment Date
- 01 March 1968
- Procedural Posture
- Criminal Appeal / Appeal by Special Leave From High Court Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Evidence, Recording of Witness Statements Under S. 164 Cr PC, Weight of Evidence, First Information Report
Case Brief
Summary, issues, holding and outcome
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Parties
Ram Charan
Appellant
Dularey
Appellant
Ram Bux
Appellant
State of U.P.
Respondent
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Judgment
Legal Issues
- 1 What is the weight to be attached to evidence given by witnesses whose statements were recorded under s. 164, Cr. P.C.?
- 2 Does the magistrate's endorsement on statements under s. 164, Cr. P.C. render witness evidence suspect or less believable?
- 3 Was the First Information Report genuine or influenced by police/others?
Ratio Decidendi
Statements of witnesses recorded under s. 164, Cr. P.C., accompanied by a magistrate's endorsement, do not by themselves render evidence suspect or less believable if the witness maintains his version in court throughout; such evidence should be received with caution but may be acted upon if corroborated.
Court Disposition
appeal dismissed
Orders
- Appeal is dismissed.
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