DEEP CHAND vs THE STATE OF RAJASTHAN

The Supreme Court held that the memorandum prepared by the Magistrate during verification proceedings, although not recorded in the manner prescribed by Section 164 of the Code of Criminal Procedure, is admissible under Section 9 of the Indian Evidence Act. The Court clarified that while the Magistrate's observations are relevant, statements made by prosecution witnesses must be excluded due to non-compliance with Section 164. The appeal was partly allowed, with the High Court's conviction under Sections 347, 365, and 386 IPC upheld, while the sentence was enhanced for certain offences.