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Jabbar Ali (Md.) & Ors. vs. State of Assam (SC)

46.00 4.60

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Penal Code, 1860–Secs. 302/149, 148, 323/148 & 447/149–Conviction–Sustainability–Case of direct evidence–Contradictions in the evidence of PW 1, 2 & 5–Evidence of PW 6, the informant is inconsistent with the deposition of these witnesses–Prosecution failed to prove the case beyond the reasonable doubt–Erroneous conclusion of trial Court that the complainant party was in ownership and possession of land–All the witnesses were the relatives to deceased and no independent witness was examined–Held, appellants are entitled to be acquitted from the charges.