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Anwar Ali & Anr. vs. The State of Himachal Pradesh (SC)

42.00 4.20

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Penal Code, 1860–Secs. 302/34, 392, 201 & 420–Conviction by High Court–Justification –Case of circumstantial evidence–Recovery at the instance of disclosure statement cannot be relied on as there is an apparent contradiction between the witnesses and investigation officer–Prosecution and Investigation Officer suppressed the material facts–He failed to follow the procedure of Secs. 166(3), (4) & 100(4)–Prosecution failed to prove the motive–Held, the impugned order passed by High Court cannot be sustained.