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JAGDESH KUMAR ALIAS JAGOO versus STATE


The trial court's appreciation of Articles 295 and 295B / 34 Law Shahadat (10 of 1984), Arts 37 and 40, relied on the disclosures by the accused persons who were brought under Article 40 of the 1984 testimony of the law and According to the court. Such revelations led to the discovery of new facts, which concluded that the testimony of the law, looking at the language of Article 40 of 1984, was incorrect because the article said so much information, whether the confession was a crime or not, As is clearly related these facts can be explored against the accused, in the present case the facts disclosed by the accused persons were already in the knowledge of the police and on their identification there was something new about the crime or Not recovered, according to prosecutor's witness, he saw the accused inside the shrine. The day before the incident, which was not unusual for him to be a Muslim, on the basis that the accused cannot be said to have committed the crime, nor has such piece of evidence been used against him in evidence. It may be because the confessional statements of the accused were recorded after a delay of fifteen days, but the delay in recording only the confessional statement was not sufficient to reject such a confessional statement, ii it was otherwise. Found truthfully and voluntarily by the court, but where no evidence other than a confessional statement was in the record, it requires deep scrutiny and delayed its explanation in consonance with such statement. Suspicions may have arisen The police had demonstrated that the accused confessed to their crime. Disclosure and incident

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