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Sanjay Kumar vs. State of Rajasthan

52.00 5.20

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Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Reliability of the version of witnesses–Version of PW 1 before the Trial Court that he was informed about the incident by Reporter V but this fact was not disclosed in written report–Reporter V was not produced in evidence–PW 12 was declared hostile and he expressed complete ignorance about the incident–Revenge theory was designed and presented by PW 1 & PW 7 with the support of other interested witnesses, however, they failed to prove the same by any documentary evidence–Trial Court itself recoreded contradictory findings–No direct or indirect evidence is available which could lead to a definite conclusion that the alleged offence was committed by the appellant–Judgment passed by the Trial Court is erroneous–Appellant is entitled to be acquitted.