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State of Rajasthan vs. Deva Ram

52.00 5.20

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Penal Code, 1860–Secs. 302, 364 & 417 [Corresponding Secs. 103, 140(1) & 318(2) of BNS, 2023]–Acquittal from the offence–Confession made by the accused in the Panchayat Bhawan cannot be taken as an admissible evidence–Trial Court rightly discarded the statement of PW 14 for lack of cross-examination–Glaring contradictions between the statements of PW 15 before the police and Magistrate–Article Baniyan was found missing in FSL–Witnesses of buying the goats turned hostile–Recovery of the dead body of S cannot be held at the instance of accused–Recovery of lathi from the open place–Further, the blood stains found on it could not be examined–Held, acquittal was justified.