Bijendra Bhagat Vs. State of Uttarakhand
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Head Note
Indian Penal Code,1860 - Section 302 , Section 324 , Section 34 , Section 452
Appeal against Conviction - Appreciation of Evidence - Prosecution witnesses are consistent in their version that two co-accused of appellant were armed with Tabals with which the injuries were inflicted upon 'R' and 'A' - According to the witnesses these two accused were also armed with country made pistols -Injuries suffered by the deceased are incised wounds and one fire arm injury - However, none of the injuries on the person of the deceased could be attributed to the lathi which was supposedly in the hands of the appellant - Three injuries on the person of 'S' could be caused by a hard and blunt object - Having gone through the testimony of the witnesses and the other material on record, the presence of the appellant and his involvement in the incident clearly appears to be doubtful - Appellant given benefit of doubt acquitted.
Topic(s)-Murder - Conviction set aside - Acquittal