RAGHUNANDAN versus STATE OF U.P.

RAGHUNANDAN versus STATE OF U.P.

Section 162 CrPC does not impair the special powers of the court under Section 165 Evidence Act to put any question to a witness, including Court witnesses, for the proper appraisal of relevant facts. The High Court is obliged to examine material questions with closer and more critical scrutiny, especially in death sentence cases, and should have obtained additional expert evidence where needed.

Parties
Appellants: Raghunandan, Ganga Sahai, Ghalendra, Khem Singh, Sohan Singh; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
10 January 1974
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment of Allahabad High Court
Outcome
Appeal partly allowed; judgment and orders of the High Court set aside and case remitted to the High Court for reconsideration and decision in accordance with law as explained.
Legal Topics
Murder, Unlawful Assembly, Section 147 IPC, Section 148 IPC, Section 302 IPC, Section 307 IPC, Section 323 IPC, Section 452 IPC, Section 149 IPC, Section 162 Cr PC, Section 428 Cr PC, Section 540 Cr PC, Section 165 Evidence Act
Criminal Law Criminal Procedure Murder Unlawful Assembly Section 147 IPC Section 148 IPC Section 302 IPC Section 307 IPC +7 more

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Parties

Raghunandan, Ganga Sahai, Ghalendra, Khem Singh, Sohan Singh

Appellants

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment of Allahabad High Court

Legal Issues

  1. 1 Scope of court’s powers under Section 165 Evidence Act vis-à-vis Section 162 CrPC
  2. 2 Duty of courts to address material questions especially in death sentence cases
  3. 3 Whether statements made to the police under Section 162 CrPC can be used by the court for contradiction

Ratio Decidendi

Section 162 CrPC does not impair the special powers of the court under Section 165 Evidence Act to put any question to a witness, including Court witnesses, for the proper appraisal of relevant facts. The High Court is obliged to examine material questions with closer and more critical scrutiny, especially in death sentence cases, and should have obtained additional expert evidence where needed.

Court Disposition

Appeal partly allowed; judgment and orders of the High Court set aside and case remitted to the High Court for reconsideration and decision in accordance with law as explained.

Orders

  • Set aside judgment and orders of Allahabad High Court
  • Remit case to High Court for reconsideration and decision in accordance with law