LAWS(SC)-2020-7-11

ARJUN PANDITRAO KHOTKAR Vs. KAILASH KUSHANRAO GORANTYAL

Decided On July 14, 2020
ARJUN PANDITRAO KHOTKAR Appellant
V/S
Kailash Kushanrao Gorantyal Respondents

JUDGEMENT

(1.) I .A. No. 134044 of 2019 for intervention in C.A. Nos. 20825-20826 of 2017 is allowed.

(2.) These Civil Appeals have been referred to a Bench of three honourable Judges of this Court by a Division Bench reference order dated 26.07.2019, dealing with the interpretation of Section 65B of the Indian Evidence Act, 1872 ("Evidence Act") by two judgments of this Court. In the reference order, after quoting from Anvar P.V. vs. P.K. Basheer and Ors. (2014) 10 SCC 473 (a three Judge Bench decision of this Court), it was found that a Division Bench judgment in SLP (Crl.) No. 9431 of 2011 reported as Shafhi Mohammad vs. State of Himachal Pradesh (2018) 2 SCC 801 may need reconsideration by a Bench of a larger strength.

(3.) The brief facts necessary to appreciate the controversy in the present case, as elucidated in Civil Appeals 20825-20826 of 2017, are as follows: