Kuldip Yadav and others vs State of Bihar
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Head Note
Indian Penal Code,1860 - Section 149 , Section 302 , Section 324 , The Arms Act,1959 - Section 27
Murder - Conviction - Challenged - Appellants were convicted for the offence punishable u/s. 302 of the IPC r/w s. 27 of the Arms Act, s. 302 r/w s. 149 of the IPC and s. 324 r/w s. 149 of the IPC - Conviction was upheld by HC - Appeal - Discrepancies in prosecution witnesses - Held, evidence of injured persons about the nature of injury contradict each other - Witnesses were not able to identify the actual place of occurrence - They all had a different version about the nature of injuries and they were not consistent whether the deceased died at the spot or on the way to hospital or in the hospital - Hence, in view of their improvements with due deliberation and consultation and in the absence of credible explanation, conviction based on their testimony could not be sustained - Acquitted.
Topic(s)-Murder
Important Decision(s)- IPC s. 149, 302, 324 - Conviction - Witnesses were not able to identify the actual place of occurrence - Different version about the nature of injuries and deceased died at the spot or on the way to hospital.