Atmaram & Ors. Vs. State of Madhya Pradesh
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Head Note
Indian Penal Code,1860 - Section 300
Murder - Eye-witnesses - Accused variously armed assaulted the deceased and his brother and sister - Contradiction in evidence of brother and sister of deceased who were injured eye-witnesses as to number of accused who assaulted the deceased - Sister of deceased stated that assault on deceased was only by one accused - But in opening part of her statement she clearly stated that all the accused came with intention to kill the deceased - Number of injuries received by deceased also showing that assault by only one accused was improbable - Contradiction in evidence of witnesses cannot be said to be so material so as to belie the entire prosecution case - Contention of accused rejected - Appeal dismissed.
Topic(s)-Eye-witnesses
Important Decision(s)- Number of injuries received by deceased also showing that assault by only one accused was improbable - Contradiction in evidence of witnesses cannot be said to be so material so as to belie the entire prosecution case.