Supreme Court of India · 1955-12-08
TILKESHWAR SINGH AND OTHERS vs THE STATE OF BIHAR.
- Citation / case number
- SC 1954/90313
- Court
- Supreme Court of India
- Petitioner
- TILKESHWAR SINGH AND OTHERS
- Respondent
- THE STATE OF BIHAR.
- Bench
- AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that while the joint recording of witness statements during an investigation contravenes Section 161(3) of the Code of Criminal Procedure, it does not render their court testimony inadmissible. The court emphasized that it is within its discretion to determine the weight of such testimony. The court also affirmed the validity of substituting a charge under Section 149 IPC for one under Section 34 IPC, and clarified that filing a written statement instead of oral examination under Section 342 does not warrant interference unless prejudice is shown. The conviction under Section 326 read with Section 149 IPC was upheld despite the procedural irregularities.