Mannan Sk & Ors vs State Of West Bengal & Anr

The Supreme Court addressed the appeal against the High Court's order reversing the trial court's rejection of the prosecution's application under Section 311 of the Code of Criminal Procedure, 1973. The Court held that the High Court correctly identified the omission of the deceased's statement as a mistake by the prosecution, which should not disadvantage the accused, thus allowing the recall of the Investigating Officer to present the statement as a dying declaration. The Court emphasized that the existence of the statement was known to the accused, mitigating any potential prejudice against them.