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1978 DIGILAW 215 (MP)

Kiratsingh v. State of M. P.

1978-03-13

R.L.MURAB

body1978
Short Note : 1. There is no dispute and in fact it has been established beyond reasonable doubt that the incident took place in the night in question. The very next morning dehati-nalishi (Ex. P-20) was given on which the first information report (Ex. P-21) was drawn up In the dehati-nalishi itself it was mentioned that ornaments were stolen away by the dacoits and that the list would be furnished by the mother (Ramdevi P. W. 10) who it appears was not present at the time. The very next day the list of stolen articles (Ex. P-51) was handed over to the police by Ramdevi (P.W. 10) and shimlabai. In there circumstances, the list of stolen property be considered as part of the report itself and would not be hit by section 162 of the Code of Criminal Procedure, Jaima and other v. State of M. P., 1956 MPLJ SN 177 relied on. Appeal allowed.