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AIR 1997 SUPREME COURT 1588 ::1997 AIR SCW 351
Supreme Court Of India
(From: Andhra Pradesh)*
Hon'ble Judge(s): A. S. Anand, K. T. Thomas , JJ

(A) Penal Code (45 of 1860) , S.300— Murder by throttling - Appreciation of @page-SC1589evidence - Failure of witnesses present at inquest to notice small abrasions on neck of dead body made basis for overruling definite opinion of doctor that injuries were ante mortem by holding that no abrasion could be caused if pressure is applied by fingers. It is only common sense, if fingers have projecting nails, pressure application with such fingers would quite possibly cause abrasions as well.Cri. A. No. 255 of 1994, D/- 4-11-1994, (Andh Pra), Reversed. (Para 13) (B) Evidence Act (1 of 1872) , S.25— Extra- Judicial confession - Admissibility - Disparity between time of making confession as spoken to by witnesses and time mentioned in police records - Held, much should not have been made of disparity - There could be an error in recording time A.M. for P. M. - At any rate, it is not proper to jettison otherwise sturdy piece of evidence of extra-judicial confession on such a rickety premise. Cri. A. No. 255 of 1994, D/-4-11-1994 (Andh Pra), Reversed. (Para 13) (C) Evidence Act (1 of 1872) , S.26— Extra-Judicial confession - Admissibility - Confession though r....

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