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K. A. Kotrappa Reddy & Anr. vs. Rayara Manjunatha Reddy @ N.R. Manjunatha & Ors. (SC)

34.00 3.40

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Penal Code, 1860–Secs. 302, 143, 148, 114 & 324–Material irregularities in prosecution case–Deceased was taken to a private hospital even though there was a Govt. hospital in the vicinity–No explanation in regard to delay in lodging FIR–Further, it was lodged in other police station–Search and seizure were also doubtful–Appropriate procedure was not followed in the investigation–Delay in writing the post mortem report–All the omissions are material and these are fatal for prosecution case–Further, non-explanation by the prosecution on these facts creates a serious doubt about the truthfulness and
creditworthiness of the investigation–Held, the acquittal was justified.