AIR 1959 SUPREME COURT 1199 ::1960 (1) SCR 126

Supreme Court Of India

(From Calcutta)* 8th May, 1959.

Hon'ble Judge(s): S. Jafer Imam, J. L. Kapur , JJ

(A) Criminal P.C. (5 of 1898) , S.423(2)— misdirecation or non-direction in charge to jury - Jury's verdict must prevail. Unless there was a misdirection or non-direction amounting to a misdirection in the charge to the jury which, in fact, had occasioned a failure of justice the jury's verdict must prevail and it cannot be interfered with.(Para 3) (B) Criminal P.C. (5 of 1898) , S.297, S.337— Approver's evidence must show that he is reliable witness - Evidence not shown to be unreliable - Charge to jury is not vitiated. Evidence Act (1 of 1872) , S.133— The approver's evidence must show that he is a reliable witness and that is the test which is common to all witnesses. Where nothing is shown in the case that apart from the approver's testimony being regarded as tainted evidence his evidence as it stood was in any way unreliable the charge to the jury is not vitiated. (S) AIR 1957 SC 637, Explained and Distinguished.(Para 6) Anno: AIR Com., Criminal P. C., S. 297 N. 9; S. 337 N. 17; C. J. I., Evid. Act, S. 133 N. 1. (C) Criminal P.C. (5 of 1898) , S.297, S.337— Approver's evidence - There should be corroboration in material particulars ....