VidhiSangh

Supreme Court of India · 21/10/2024

SHYAM NARAYAN RAM versus STATE OF UTTAR PRADESH & ANR. ETC.

[2024] 10 S.C.R. 1726 · 2024 INSC 800

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Summary

The Supreme Court set aside a High Court order that had remanded a 1998 double murder case for retrial on the ground that defence counsel's admission of the genuineness of prosecution documents denied the accused a fair trial. Under Section 294 CrPC, documents whose genuineness is admitted, here including the post-mortem reports and recovery memos, may be read in evidence without formal proof. The defence had repeatedly admitted them and opposed the prosecution's attempts to call the formal witnesses, so the High Court was directed to decide the appeals on merits.

Issues

  1. Whether defence counsel's admission of the genuineness of prosecution documents under Section 294 CrPC, dispensing with formal proof, vitiated the trial.
  2. Whether the High Court was justified in remanding the case for retrial from the stage of PW 2's evidence.

Provisions considered

Held

Result

Appeals allowed; the High Court's remand order set aside and the criminal appeals restored for fresh decision on merits on the existing record, with a request for early disposal. The convicted respondents to surrender before the trial court within six weeks, with liberty to seek suspension of sentence from the High Court; the evidence was not appreciated by the Supreme Court.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 1726.