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Jethi Devi (Smt.) vs. State of Raj.

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Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 32–Conviction–As per the version of witnesses, the deceased died due to burn injuries and none of them knew how the incident in question occurred–Minor contradictions between both dying declarations–These indicate that the fight took place between the deceased and appellant in connection with some firewood–There was no motive/intention of accused-appellant to cause the death of deceased–Appellant has already suffered the sentence of eleven years–No previous criminal antecedent–Conviction deserves to be altered u/s. 304 Pt. II–Sentence reduced up to the period already undergone.