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State of Raj. vs. Rameshwar & Anr.

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Penal Code, 1860–Secs. 302, 302/34–Acquittal from the offence–Appreciation of–Contradictions between the statements of eyewitnesses PW 4 & PW 14–It cannot be inferred that they actually saw the incident–Further, their statements are not corroborated with the site map–PW 14 admitted that he was standing in his field of wheat–It was not possible to see the incident from that place–Recovery of clothes of the deceased is also not proved beyond the doubt–Recovered shoes were neither identified nor the FSL report of them was obtained–All the witnesses of recovery of lathi turned hostile–Held, no factual or legal error is found in the findings of acquittal.