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PETITIONER: HABEEB MOHAMMAD
Vs.
RESPONDENT: THE STATE OF HYDERABAD.
DATE OF JUDGMENT: 05/10/1953
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND MUKHERJEA, B.K. JAGANNADHADAS, B.
CITATION: 1954 AIR 51 1954 SCR 475 CITATOR INFO : R 1957 SC 747 (49) R 1957 SC 904 (9) R 1959 SC 484 (12) RF 1961 SC 715 (12) R 1968 SC1402 (13) R 1971 SC1586 (15,16) R 1973 SC 618 (10) R 1973 SC 863 (22) RF 1976 SC2140 (11) D 1977 SC 472 (20,21)
ACT: Constitution of India, art. 136-Criminal appeal- Interference Guiding principles-Failure to call material eye-witness-Failure to issue process to important defence witnesses-Using police diaries as corroborative evidence- Refusal to produce material documents Validity of trial- Interference on appeal-Criminal Procedure Code, 1898, ss. 162, 172, 257-Evidence Act (I of 1872), ss. 53, 114, illustration (g).
HEADNOTE: Though the prosecution is not bound to call all available witnesses irrespective of considerations of number or reliability, witnesses essential to the unfolding of the narrative on which the prosecution is based must be called by the prosecution, whether in the result the effect of their testimony is for or against the case for the prosecution. Where the case against ...