KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MEANINGFUL question that emerges for consideration in the instant appeal is 'would non -compliance with the provisions of Section 276 or 275(4) of Code of Criminal Procedure, 1973 (for short 'New Code') nullify the evidence of the witness recorded at the trial

(2.) THIS question arises in the circumstances set out below:

(3.) LEARNED Counsel for the appellants raised objection in regard to admissibility of subsequent statement of Bhawani Singh. Contention of learned Counsel is that provisions of Sections 276(3) and 275(4) are not mandatory and non -compliance of said provisions would not nullify the evidence of Bhawani Singh recorded on March 19, 1998. Reliance is placed on the case of L.D. Healy v. State of Uttar Pradesh, (1969) 2 SCR 948 and Sita Ram Sahu v. State of U.P., 1981 All. LJ 665.