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2024 Supreme(Online)(Chh) 5592

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SIYARAM SIRDAR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the impact of non-confrontation of a police-recorded statement under Section 161 Cr.P.C. on the admissibility of eye-witness testimony?

How to remand a case for afresh examination to confront a witness with prior statements to ensure a fair trial?

What are the limits and proper use of Section 162 Cr.P.C. and Section 145 of the Indian Evidence Act regarding contradictions based on police statements?


1 AFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 180 of 2020

Siyaram Sirdar S/o Madhau Ram Aged About 31 Years R/o Village Gokulpur, Police Station Ramanujnagar, Presently Residing Village Koteya, Police Station Premnagar, District Surajpur, Chhattisgarh ---- Appellant Versus

State of Chhattisgarh Through Station House Officer, Police Station Premnagar, District Surajpur, Chhattisgarh ---- Respondent For Appellant : Shri Gyan Prakash Shukla, Advocate For Respondent/State : Shri Ratan Pusty, Government Advocate Hon'ble Shri Justice Goutam Bhaduri &

Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Goutam Bhaduri, J

16/02/2024 Heard.

1. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure 1973 is directed against the impugned judgment dated 05/11/2019 passed by the Sessions Judge, Surajpur, District Surajpur, C.G. in Sessions Trial No.66/2018 whereby the appellant has been convicted under Section 449 & 302 of IPC and sentenced to undergo R.I. for 10 Years & Life Imprisonment, respectively and to pay a fine of Rs.500/- for each offence and in

2 default of payment of fine amount further R.I. for 2 months for each offence w

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