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1951 Supreme(Ori) 1

RAY, JAGANNADHA DAS, NARASIMHAM
BALA MAJHI – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
AMICUS CURIAE, M.S.MOHANTY, U.C.MISRA

RAY, C. J.

( 1 ) I have had. the opportunity a privilege of reading the judgment prepared by my learned brother Narasimham, J. I am in entire agreement with him as to the answers proposed therein and associate myself with all the reasons adduced in support thereof. I also agree with the order of conviction and sentences proposed.

( 2 ) IN view, however, of the practical importance of the question posed to standardisation and stabilisation of this branch of law in this State, I propose to add, as given below, some further reasons for my agreement with him. I have, since, seen the judgment proposed by my learned brother Das, J. He agrees with answers proposed. He, however, has added some further reasons not for the purpose of rein, forcing the correctness of the answers but for a different purpose. It seems he should approach the question with a leaning towards admissibility of a confession as a rule leaving it to the accused to be bound thereby to establish the exception by proof of circumstances that would impair its testimonial trustworthiness, This approach, if correct, (with which I do not agree) will seldom make any difference in the practical application thereof, provided th




































































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