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State of Raj. vs. Vidhyadhar & Ors.

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Penal Code, 1860–Secs. 302/149, 307, 307/149 & 323/149–Acquittal from the offence–Appreciation of–Document by which the knowledge of incident was given to police on the spot, was not exhibited by the prosecution–PW1 stated that he lodged the FIR in the police station whereas the FIR itself shows that it was given in hospital–Delay of five days in forwarding the FIR–Unreliable explanation–PW 2 stated that the injuries were inflicted by gandasi and kulhari but no such injury by sharp edged weapon was found in postmortem report–Possibility that the deceased sustained the injuries in the incident of pelting stones between the both parties–Admitted facts of enmity between the both parties–Witnesses are the closed relatives of deceased and their conduct during the incident is doubtful–Contradictions and improvements in the statements of prosecution witnesses–Blood found on the weapon was not found matched in the FSL report–Recovery of weapon from an accessible place–Held, acquittal was justified.