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PETITIONER: RAMKISHAN MITHANLAL SHARMA
Vs.
RESPONDENT: THE STATE OF BOMBAY.[And Two Connected Appeals]
DATE OF JUDGMENT: 22/10/1954
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. JAGANNADHADAS, B. AIYYAR, T.L. VENKATARAMA
CITATION: 1955 AIR 104 1955 SCR (1) 903
ACT: Code of Criminal Procedure (Act V of 1898), S. 162-Whether applicable to investigations under the City of Bombay Police Act (Bombay Act IV of 1902) prior to its repeal by Bombay Act XXII of 1951-Evidence relating to test identification parades- Whether and under what circumstances admissible under s. 162 of the Code of Criminal Procedure. Indian Evidence Act (I of 1872), s. 27--Evidence that discovery was made "in consequence of information given by the accused" or " at the instance of the accused", whether admissible, when the admissible part of the information given is not sought to be proved. Code of Criminal Procedure (Act V of 1898), ss. 297, 298, 537 Charge to the Jury-Duty of Judge-Misdirection-Effect of-Indian Evidence Act (I of 1872), s. 167--Improper admission or rejection of evidence-Effect of-Duty of Appellate Court in hearing appeal.
HEADNOTE: Investigation in this case was started on the 20th April, 1951, under the City of Bombay Police Act (Bombay Act IV of 1902), the provisions of the-, Code of Criminal Procedure being then inapplicable to Bo...