Murder -- Section 319 CrPC Summoning -- Evidence recorded before summoning cannot form basis of conviction under Section 273 CrPC
Criminal Procedure Code, 1973, S.319 r/w S.273 -- Murder -- Section 319 CrPC Summoning -- Evidence recorded against an accused in his absence, before he is summoned under S.319 CrPC, cannot be used to convict him -- S.273 CrPC requires that all evidence be taken in the presence of the accused -- Where a witness whose earlier statement was recorded before summoning later gives a statement favouring the accused after summoning, the later statement cannot be ignored while the earlier one is relied upon.
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