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M. C. DESAI, J. SAHAI, B. D. GUPTA
SHEO RAJ – Appellant
Versus
STATE – Respondent
( 1 ) THIS case has been laid before this Bench for decision of the question whether "the memorandum of identification proceedings held by a Magistrate acting under Section 164, Cr. P. C. is admissible without proof". The question arose before Kailash Prasad, J. , during the hearing of the appeal and he referred it to a Full Bench because of a conflict between Asharfi v. State, 1960 All LJ 595 : (AIR 1961 All 153) and the State v. Chandrapal Govt. Appeal No. 1931 of 1961, DA 18-8-1962 (All ). In the latter case Uniyal and Gyanendra Kumar, JJ. , without noticing the decision in Asharfis case 1960 All LJ 595 : (AIR 1961 All 153) held, contrary to what was held in that case, that Section 80 of the Indian Evidence Act does not apply to a memorandum of identification proceedings prepared by a Magistrate and that it cannot be presumed to be genuine and must be proved to be so by evidence. Criminal Appeal No. 766 of 1962 is connected with this appeal. In Criminal Revision No. 1291 of 1963 the only question raised on behalf of the applicant was whether a memorandum of identification proceedings was admissible in evidence on being presumed to be genuine under Section 80 of the
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