RAM PRASAD SHARMA vs STATE OF BIHAR

The Supreme Court held that the attested copy of the Chaukidar's hath chitha was inadmissible under Section 35 of the Evidence Act as it was not proven to be made by a public servant in the discharge of his duties. The Court affirmed the High Court's finding that K's death was established by sufficient evidence despite the absence of his name in the First Information Report, as the explanation for this deficiency was satisfactory. The appeal against the High Court's conviction under Section 304 IPC was dismissed, upholding the conviction of the appellant.