Supreme Court of India · 1996-11-20
CHINNAMMAL vs STATE OF TAMIL NADU & ORS.
- Citation / case number
- SC 1989/72539
- Court
- Supreme Court of India
- Petitioner
- CHINNAMMAL
- Respondent
- STATE OF TAMIL NADU & ORS.
- Author
- S.P. KURDUKAR M.K. MUKHERJEE
- Bench
- S.P. KURDUKAR M.K. MUKHERJEE
Judgment text excerpt
The Supreme Court held that the High Court erred in setting aside the convictions of the accused under Sections 147, 148, 307, and 302 IPC, primarily due to misinterpretation of evidence, particularly the treatment of a dying declaration and prior statements under Section 164 Cr.P.C. The Court emphasized that previous statements can only be used to contradict witnesses as per Section 145 of the Evidence Act and cannot be treated as substantive evidence. The judgment was set aside, and the case was remanded to the High Court for re-evaluation of the evidence and expeditious disposal of the appeal.