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1977 DIGILAW 506 (MP)

Konda v. State of M. P.

1977-11-08

G.P.SINGH, N.C.DWIVEDI

body1977
Short Note : 1. Tulsibai made a statement before the committal Court (Ex.P-33) in which she implicated the four appellants. The statement was admitted on record of the Sessions trial under section 288 of the old Code. Tulsibai (PW) turned hostile because she is also related to the appellants. She admitted in paragraph 2 of her statement that her statement before the committal Court was true. The statement of the committal Court, admitted under section 288 of the old Code, could be used as substantive evidence and could be made the basis of conviction. Sharnappa Mutyappa Halke vs. State of Maharashtra, AIR 1964 SC 1357 relied on. Appeal partly allowed.