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Shyam Kali Dubey vs. State of Madhya Pradesh (SC)

52.00 5.20

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Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Sustainability–Case of direct evidence–Body of deceased was found in the courtyard of his own house, while the incident was said to have occurred near the temple–No explanation as to why the deceased was not taken to hospital–Injuries were found on the person of mother and father of deceased–Medical opinion that these could have been self-inflicted–Defence is set up of an enmity between the victim and his family which has been spoken by the father of the victim–The admitted dispute on the partition in the family–The eye-witness testimony of a frontal assault is only of PW 7, who did not have a very good relationship with the deceased–Appellant is entitled to get the benefit of doubt.