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november 1996

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.

CHINNAMMAL vs STATE OF TAMIL NADU & ORS. · Niyam