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PETITIONER: STATE OF U. P.
Vs.
RESPONDENT: DEOMAN UPADHYAYA
DATE OF JUDGMENT: 06/05/1960
BENCH: SHAH, J.C. BENCH: SHAH, J.C. DAS, S.K. KAPUR, J.L. SUBBARAO, K. HIDAYATULLAH, M.
CITATION: 1960 AIR 1125 CITATOR INFO : RF 1961 SC1808 (13) F 1963 SC 222 (50) E 1963 SC1074 (11) D 1963 SC1113 (11) RF 1966 SC 119 (11,21) R 1972 SC 66 (13) RF 1973 SC1461 (1197) RF 1976 SC1750 (4) RF 1980 SC1382 (51) RF 1980 SC1632 (19)
ACT: Criminal Law--Evidence--Statement made to Police officer leading to discovery--Statute making statement admissible when made by person in custody and inadmissible when made by person not in custody--Whether offends equality before the law--" Persons in custody "--" Person accused of an offence "--Connotation of--Circumstantial evidence--Indian Evidence Act, 1872 (1 of 1872), s. 27--Code of Criminal Procedure, 1898 (Act 5 of 1898), s. 162(2)--Constitution of India, Art. 14.
HEADNOTE: The respondent was tried for the murder of one Sukhdei early on the morning of June 19, 1958. The evidence against him was entirely circumstantial and consisted of the following facts : (i) on the 18th evening there was an altercation between the respondent and Sukhdei during which he slapped her and threatened that he would smash her face; (ii) on the 18th evening the respondent bo...