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Balwan & Ors. vs. State of Haryana (SC)

32.00 3.20

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Penal Code, 1860–Secs. 302, 307, 323, 449, 148, 149 & 216–Conviction–Based on the testimony of two injured witnesses–Both of them categorically testified about the brutal attack made by appellants–Their presence cannot be doubted–Non-examination of other two injured witnesses does not materially affect the prosecution case–It cannot be held that the FIR was lodged after deliberation–Overt act attributed by accused S could not be proved with the corroboration of medical evidence–Held, he is entitled to be acquitted–Conviction of other appellants confirmed.