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Pawan Singh vs. State of Rajasthan

34.00 3.40

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Penal Code, 1860–Secs. 302, 304-B & 498-A–Conviction–Sustainability–Defence of appellant that deceased-wife was patient of Schizophrenia, having a long history of ailment–Doctor stated that the fatel injury sustained by deceased could be sustained due to sudden fall on the ground–He also stated that the deceased had reached to the level of mental disorder–Accused gave satisfactory explanation u/s. 106 Evidence Act in regard to the facts in his special knowledge–Further, he was staying with deceased in a common house with other family members–Held, burden of proving guilt was on prosecution and not on appellant–He set up the probable defence–Conviction cannot be sustained.