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1991 Supreme(Raj) 711

FAROOQ HASAN
State of Rajasthan – Appellant
Versus
Jhabar Singh – Respondent


JUDGMENT

1. - Heard learned counsel for the parties. In case No. 140/78, registered for offence under Section 380 IPC, accused Girdharilal was arrested and some cartridges were found in his possession. During the investigation, accused Girdharilal informed the Investigation Officer that the cartridges are of the revolver belonging to the accused Jhabar Singh. On the said information, the police party made a raid on the house of the accused-respondent and recovered 158 cartridges from the field of Jhabar Singh accused-respondent. The case of the prosecution is that the above articles were recovered on the information and at the instance of the accused-respondent and the prosecution has successfully proved the recovery against the accused-respondent. The learned counsel for the accused-respondent submits that the cartridges were recovered from the accused Girdharilal were taken by him from be place from where the recovery is alleged by the prosecution on the information and at the instance of the accused-respondent, the alleged information is inadmissible because the place where the cartridges were recovered was already known to Girdharilal so the information given by the accused-res




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