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Saheb vs. State of Maharashtra (SC)

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Penal Code, 1860–Secs. 302, 324 & 148–Conviction of certain accused–Reliability of the version of witness–PW 1 told the different stories in the complaint and her statements recorded before the Court–No evidence has been produced by the prosecution that even there was a full moon night whereby the moonlight was sufficient to see the events of the attack, weapon used and the persons who actually wielded weapons–In one hand, PW 1 stated that accused C was holding an axe and was one of the persons who attacked with axe but on another hand, she stated that C caught hold the deceased as soon as the accused came to their house–Her evidence is wholly in the realm of uncertainty in regard to accused nos. 4 & 13–Appellants have suffered the sentence of ten years–They are entitled to get the benefit of the doubt–Conviction set aside.