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Gopal & Anr. vs. State of Rajasthan

42.00 4.20

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Penal Code, 1860–Secs. 302/34 & 498A–Conviction–Sustainability–Allegations levelled by prosecution witnesses as regard to demand of dowry for the entire period of ten years is nothing short of sheer exaggeration/fabrication–Demand of Rs. one lakh must have been by way of loan and it
cannot be construed as a demand of dowry–It also cannot be taken as a motive of crime–Evidence of extra-judicial evidence is not reliable which is adversely affected by the fabricated document of FIR–Prosecution theory that the deceases was set ablazed by pouring kerosene is found unsubstantiated
by the medical evidence–It could not be concluded that the burn injuries were antimortern or post mortem–Reverse burden of Sec. 106 would not come to help the prosecution–Appellant is entitled for the benefit of the doubt.