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april 1996

Supreme Court of India · 1996-04-10

RAM NATH MAHTO vs STATE OF BIHAR

Citation / case number
SC 1987/71138
Court
Supreme Court of India
Petitioner
RAM NATH MAHTO
Respondent
STATE OF BIHAR
Author
M.M. PUNCHHI
Bench
M.M. PUNCHHI

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 396 IPC for dacoity resulting in murder, initially sentenced to life imprisonment, later reduced to ten years by the High Court. The Court emphasized that the identification parade conducted by the Magistrate, P.W.7, was valid evidence despite the victim's reluctance to identify the appellant during the trial. The Court distinguished the case from Budhsen & Anr. vs. State of U.P., affirming that oral evidence can be substantive even if the identification parade is not considered reliable by itself.

RAM NATH MAHTO vs STATE OF BIHAR · Niyam