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Suresh Kumar vs. State of Rajasthan & Anr.

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Code of Criminal Procedure, 1973–Sec. 319–Penal Code, 1860–Secs. 148, 341, 325, 325/149, 326, 326/149, 308, 308/149–Witnesses vaguely stated that petitioner “SU” assaulted the injured with fists and kicks on his stomach–Medical report showing that injured did not sustain a single injury, not even pain, or swelling on the stomach–Possibility that the petitioner was falsely roped–Confusion about the identity of accused “SA”–Mere ground that witnesses named him in statements is not sufficient for impleading him u/s. 319–Held, impugned order of Court below quashed and set aside.