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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 January 2010

Minor Discripencies to be Ignored if case otherwise proved-S

2009 SCCL.COM 3183(Case No: Criminal Appeal No. 1368 of 2003)
Bhagwati Prasad Appellant versus State of M.P. Respondent
Date of Decision(mm/dd/yy): 12/3/2009.
Judge(s): Hon'ble Mr. Justice R.V. Raveendran, Mr. Justice V.S. Sirpurkar and Hon'ble Mr. Justice Deepak Verma.
Subject Index: Indian Penal Code, 1860 — Sections 148, 149 and 302 — all the accused persons, formed an unlawful assembly and by way of common object, committed murder of deceased — incident arose on account of opening of the aqueduct for irrigation — no previous enmity between the parties — trial Court acquitted all the accused persons of all the offences — High Court held that the traumatic and homicidal death of the deceased proved and that the evidence of the two eye-witnesses credible — High Court sentenced the appellant to RI for 5 years, while A-1 and A-2 to imprisonment till rising of the Court with fine Rs. 1,000/- — held that the existence of blood or absence thereof would not completely wipe out the evidence of two eye-witnesses — once the evidence of the two eye-witnesses accepted, much importance could not be given to minor discrepancies — no variance in the version of the two eye-witnesses that it was the present appellant, who gave the spear blow on the back of the deceased — held no interference to the well-reasoned judgement of the High Court — appeal dismissed.


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