Supreme Court of India · 1960-05-06
STATE OF U. P. vs DEOMAN UPADHYAYA
- Citation / case number
- SC 1960/4
- Court
- Supreme Court of India
- Petitioner
- STATE OF U. P.
- Respondent
- DEOMAN UPADHYAYA
- Author
- DAS, S.K.,KAPURL.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAHC.
- Bench
- DAS, S.K.,KAPUR, J.L.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that Section 27 of the Indian Evidence Act and Section 162(2) of the Code of Criminal Procedure do not violate Article 14 of the Constitution. The Court found that the distinction made between persons in custody and those not in custody regarding the admissibility of statements leading to discovery is justified and does not constitute improper discrimination. The High Court's ruling that these provisions were void was overturned, and the conviction of the respondent for murder was reinstated based on circumstantial evidence, including the discovery of a weapon stained with blood.