JAVED MASOOD AND ANOTHER Vs. STATE OF RAJASTHAN
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Head Note
Indian Penal Code,1860 - Section 147 , Section 201 , Section 302 , Section 323 , Section 324
Conviction - Trial Court convicting for the offences punishable u/ss. 148, 201 and 302, IPC - HC, confirmed conviction u/s. 302, IPC but set aside the conviction u/s. 201 and 148, IPC - Entire prosecution case rests upon the Parcha Bayan lodged by PW-5 (brother of deceased) - PWs 6, 18, 29 and 30 specifically stating that PW-5 was not present at the place of occurrence - Prosecution never declared PWs 6,18, 29 and 30 'hostile' - Evidence of PW-6 completely rules out the presence of PW-5 at the scene of offence - PW-5 being interested witness attempting to implicate the appellant in the case due to previous enmity - No reliance can be placed on the evidence of PW-5 - Conviction and sentence set aside - Appeal allowed.
Topic(s)-Conviction