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Rakesh & Anr. vs. State of U. P. & Anr. (SC)

44.00 4.40

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Penal Code, 1860–Sec. 302/34–Conviction–Case of direct evidence–PW 1 & PW 2 are trustworthy and reliable witnesses–Their presence at the time of the incident has been proved by the prosecution–Minor contradictions do not go to the root of the matter–PW 2 specifically denied the fact of reaching subsequently–No question was put by the defence on this point–Possibility that the gun recovered by the police may not have been used for killing, therefore, the plea of defence that as per the ballistic report, the bullet found does not match with the firearm, cannot be accepted–Injuries of sharp-edged weapon were found corroborated with the medical evidence–Held, conviction was justified.