AIR 1940 PATNA 410

Patna High Court

Hon'ble Judge(s): Fazl Ali, Meredith , JJ

(A) Criminal P.C. (5 of 1898) , S.109— Accused being questioned by police officer stating that he was going to marriage party with other companions - S.109 does not apply in absence of proof that statement is untrue. Where the accused while walking along a bandh, used as a thoroughfare, at about midnight on being questioned by a police officer (dafadar) replied that he was going to a marriage party and that he had other companions with him and later on three other persons came cut of a reservoir : Held that the provisions of S.109 could not apply to the case in absence of evidence to show that the statement was untrue.(Para 411C1) (B) Evidence Act (1 of 1872) , S.26— Confession by accused that he had agreed to commit theft with another made after arrest is inadmissible. A confession by an accused that he had agreed to commit theft with other persons made to the dafadar after his arrest is inadmissible in evidence under S.26.(Para 411C1,2) .....