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CR.MA/8683/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8683 of 2008
In
CRIMINAL
APPEAL No. 1844 of 2008
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
NARAN
@ SUDHA JADAV POSTARIYA & 2 - Respondent(s)
=========================================================
Appearance
:
Ms.
Mita Panchal, Addl.PUBLIC
PROSECUTOR for
Applicant(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/09/2008
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Heard
learned APP, Ms. Mita Panchal. The learned APP has relied on the
judgment of the Hon’ble Apex Court in the case of State of
Rajasthan vs. Bhup Singh, (1997) 10 S.C.C. 675, wherein the
Hon’ble Apex Court was directly considering the scope of Section 27
of the Evidence Act, 1872. The learned APP submitted that the
learned Judge has committed an error in holding that the Panchnama
Exh. 68 is not admissible under Section 27 of the Evidence Act. She
submitted that the Hon’ble Apex Court has held that recovery of crime
weapon on the basis of statement of accused during
investigation in another case is admissible in evidence.
2. Leave
to appeal against the judgment and order dated 29th March,
2008, passed by the learned Additional Sessions Judge and Presiding
Officer, Fast Track Court, at Porbandar in Sessions Case No. 90 of
1998, is granted.
[
Ravi R. Tripathi, J. ]
[
K.M. Thaker, J. ]
rmr.
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