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Birbal Nath vs. State of Rajasthan & Ors. (SC)

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Penal Code, 1860–Secs. 302, 307, 323, 324, 325 & 447–Conviction–Reversed by the High Court–Justification–High Court wrongly discredited the evidence of PW 2 who is the injured witness and wife of the deceased–Nothing on record to doubt the recovery of weapons and blood stained clothes–However, the injuries sustained by the accused were never explained and there is the possibility that the incident was not premeditated–Attack would come under the Exception 4 to Sec. 300–Conviction deserves to be altered u/ss. 304 Pt. I & 308.