LAW FOR ALL

Sec.311 Cr.P.C . - Recalling of I.O. for further examination - at the time of cross examination it was came to light that the I.O . recorded a statement of deceased - as the statement of deceased not filed in court along with charge sheet - trial court dismissed the same at it is highly belated stages - High court allowed the revision and set aside the trial court order on the ground that since the accused know pretty well about the record of statement of deceased - no prejudice would be caused to him - on appeal - Apex court held that We must, however, clarify that oversight of the prosecution is not appreciated by us. But cause of justice must not be allowed to suffer because of the oversight of the prosecution. We also make it clear that whether deceased Rupchand Sk’s statement recorded by PW15-SI Dayal Mukherjee is a dying declaration or not, what is its evidentiary value are questions on which we have not expressed any opinion. If any observation of ours directly or indirectly touches upon this aspect, we make it clear that it is not our final opinion. The trial court seized of the case shall deal with it independently.In the result the appeal is dismissed.= Mannan Sk & Ors. ... Appellants Vs. State of West Bengal & Anr. … Respondents = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41738