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1958 Supreme(Bom) 158

K.G.DATAR, D.V.PATEL
State – Appellant
Versus
Memon Mohamad Husain Ismail and another – Respondent


JUDGMENT - PATEL, J. :

(After stating the facts and the contentions His Lordship continued:) Before dealing with the evidence at this stage I might dispose of the contention with regard to the admissibility of Exhibit 29 containing some admissions and of statements made by the accused and reproduced in the panchnama regarding the discovery of the body. So far as the question of Exhibit 29 is concerned, an objection to its admissibility was raised at the time when that document was put in and has been renewed in this Court at the time of arguments, though not very seriously. It would appear that the said statement would be admissible under S. 8 of the Evidence Act as showing tie conduct of the accused subsequent to the death of the deceased in any event. It would also appear that it is not hit by the provisions of S. 25 at all in this case. In order that S. 25 should be operative to prevent an admission being received in evidence, it must amount to a confession for it is provided therein that no confession made to a police officer shall be proved as against a person accused of any offence. It has been observed in Narayana Swami v. Emperor, 66 Ind App 66 at p. 81: (AIR 1939 PC 47 at p










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