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State of Rajasthan vs. Nanuda

34.00 3.40

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Penal Code, 1860–Secs. 302/34 & 427–Acquittal–Appreciation of–Case of unnatural death–PW 3 & 6 were interested witnesses–They stated that the deceased was alive when she was taken to hospital–Independent witness PW 8 stated that dead body was taken to hospital–No endeavour of prosecution to declare him hostile–Possibility of false implication in view of serious acrimony between complainant and accused–Prosecution also failed to prove the shape of weapon–Further, recovery of axe is also doubtful–Held, acquittal was justified.