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Chauthmal Goswami vs. Kailash & Ors.

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Penal Code, 1860–Secs. 306, 494 & 120-B–Acquittal from the offence–Prosecution failed to establish the essential fact that the deceased committed suicide–PW 1 did not submit the report even though police officials were present at the place of incident and post-mortem had been conducted–FIR was lodged after 5-6 days in consultation with the advocate–Similar evidence of PW 9 and other witnesses–Investigation Officer also admitted these facts–He substantiated the version of defence that the deceased slipped into a well–PW 5 stated that he saw the deceased near the well with rope and bucket–Medical opinion up to effect that the injuries might be caused by falling into the well–Witness who alleged the fact of second marriage was declared hostile–Held, acquittal was justified.