This miscellaneous application sought to mark a photograph and bloodstained clothes as exhibits in a Section 307 IPC trial. The court dismissed the petition, holding that oral evidence sufficed and no failure of justice would occur due to the absence of these materials.
Application to mark photograph and bloodstained clothes as exhibits dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55654 of 2019
Arising Out of PS. Case No.-54 Year-2015 Thana- HATHIDAH District- Patna
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NAGESHWAR PRASAD Son of Late Brahamdev Prasad Resident of Village - Hathidah, Dargahi Tola, P.S.- Hathidah, Dist.- Patna. .. ... Petitioner/s Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Jha, Adv For the Opposite Party/s : Mr.Md. Matloob Rab, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT
Date : 06-09-2019
Heard learned counsel for the parties.
2015 corresponding to S.Tr.No.621 of 2016 pending before the court of learned A.D.J.-II, Barh, Patna.
Patna High Court CR. MISC. No.55654 of 2019 dt.06-09-2019 2/2
mentioned about the bloodstained clothes in the protest petition filed in this case. For the first time he said about the bloodstained clothes in his evidence in court, however, did not produce the aforesaid material. Hence, the same cannot be marked as exhibit.
(Birendra Kumar, J)
Nitesh/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 11.09.2019 |
| Transmission Date | 11.09.2019 |
1 issue framed by the court
Whether the photograph of the injured petitioner and bloodstained clothes, produced for the first time during trial, can be marked as exhibits.
NAGESHWAR PRASAD
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
