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Kadma & Anr. vs. State of Rajasthan

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Penal Code, 1860–Sec. 302–Conviction–Sustainability–Thirty-three accused–15 were acquitted and 10 were given the benefit of probation–Land dispute between parties–Contradiction in the testimonies of prosecution witnesses–Variance between the ocular & medical evidence in regard to the injuries sustained by deceased–No conclusive proof that deceased died due to injury caused by the present appellant–Other accused who was alleged to cause the head injury by farsa has already been acquitted by Trial Court–
prosecution failed to explain the injuries sustained by accused–Case could not be proved beyond doubt–Held, appellant is entitled to be acquitted.