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Hari Singh vs. The State of Rajasthan

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Penal Code, 1860–Sec. 326–Conviction–Sustainability–Conviction based on the ground of testimony of PW-1–Rest of witnesses declared hostile–Version of PW 1 that the hand was amputed with Jharbar (a sharp weapon) whereas the medical report showing that the hand was amputated by blunt weapon–PW 1 was also not examined by the prosecution in regard to prove the recovery of weapon–Material contradiction in the statements given before police and the version given before Court–Held, conviction is not sustainable and set aside.