GIRDHARI PRASAD @ GOPAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The relevant consideration in this case is, 'Should the prosecution leave out any evidence favourable to the Accused or if it does so, then should the court be silent spectator or try to redress it'.

(2.) On 14.07.1996, at about 12.00 hours, Sub-Inspector Shri PK Sharma (PW-4) found Kumari Sangeeta (the Deceased) and the Accused top of her on a road in an injured condition. On enquiry, he found that the Deceased was already dead; whereas, the Accused was unconscious.

(3.) On the same day, a morgue intimation (Ex.P-13) and Dehati Nalishi (Ex.P-3) were recorded and thereafter, on the basis of the Dehati Nalishi, a First Information Report (Ex.P-9) (the FIR) was also recorded.