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Kanku (Smt.) vs. State of Rajasthan

42.00 4.20

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Penal Code, 1860–Sec. 302–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(2)(v)–Conviction–Justification–Death of two children after taking food–Organochloro insecticide was found in the viscera of deceased–Case of prosecution that the appellant was engaged for cooking the food in school and she was having enmity with the father of deceased–Child witness stated that she cooked the food separately for the deceased-children–However, this witness was not found mature for giving the reliable deposition–Further, he remained silent for fifteen days–Other children contradicted his statement–Held, case of prosecution is not convincing and appellant is entitled to be acquitted.