AIR 1979 SUPREME COURT 1042 ::1979 Cri App R (SC) 134 ::1979 SCC(Cri) 743 ::1979 (4) SCC 74 ::(1979) SC Cr R 297

Supreme Court Of India

(From: Madhya Pradesh)

Hon'ble Judge(s): S. Murtaza Fazal Ali, D. A. Desai , JJ

(A) Evidence Act (1 of 1872) , S.27— Recovery of article on the information of accused - Probative value. As there was no substantive evidence worth the name, the recovery of Katarnas on the information given by the accused would hardly advance the prosecution case against the accused. Decision of Madhya Pradesh High Court, Reversed.(Para 13) Anno: AIR Manual, (3rd Edn.) Evidence Act, S. 27 N. 26. (B) Evidence Act (1 of 1872) , S.27— "Discovered in consequence of information received" - Meaning of. Decision of Madhya Pradesh High Court Reversed. Katarna was recovered from accused No. 1 under seizure memorandum in which it was recited that accused No. 1 made the statement that he would show the Katarna with which he assaulted deceased. Held that the first part in the seizure memo would be inadmissible because the fact that accused No. 1 assaulted the deceased was not discovered in pursuance of the information given by accused No. 1. It would be a confessional statement to police officer hit by section 25 of the Evidence Act. Decision of Madhya Pradesh High Court Reversed.(Para 13) Anno: AIR Manual. (3rd Edn.) Evidence Act, S. 27, N. 3, 20,21. ....