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PETITIONER: NARAIN AND TWO OTHERS
Vs.
RESPONDENT: THE STATE OF PUNJAB
DATE OF JUDGMENT: 04/12/1958
BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. GAJENDRAGADKAR, P.B.
CITATION: 1959 AIR 484 1959 SCR Supl. (1) 724 CITATOR INFO : R 1977 SC 472 (23)
ACT: Criminal Trial-Material witness, who is-Failure to examine- Effect of-If amounts to rejection of evidence-Indian Evidence Act, 1872 (1 of 1872), s. 167.
HEADNOTE: Several persons attacked and seriously injured one M. After assaulting him the assailants were carrying him away when M’s brother R came to rescue him and in self defence shot dead one of the assailants and carried M away. For the assault on M eight persons, including the appellants, were tried for offences under (1) (1862) C.P. 12 C.B.N.S. 161; (1862)133 R.R. 311. 725 ss. 148, 307 and 364 both read with ss. 140 and 34 Of the Indian Penal Code. At the trial R was cited as a witness by the prosecution, but R refused to give evidence claiming protection under Art. 20 Of the Constitution. The Sessions judge upheld R’s objection and the prosecution gave him -up as a witness. After trial, the Sessions judge acquitted four of the accused but convicted the appellants and one other person. In appeal before the High Court the appellants urged that the Sessions judge was wrong...