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Head Note

Indian Penal Code,1860  - Section 302

Murder - Appeal against acquittal - As per complaint Exhibit P-10, there are only four accused and while deposing before the Court she improved her version and stated that there were about six persons in the scene of occurrence - No weapon was recovered from the accused - Discrepancies in the statements of PW-12, PW-13 and PW-14 not explained by the prosecution - As per the evidence of PW-12 soon after the occurrence, she had placed the body of her husband on her lap - But no blood-stained sari was recovered from PW-12, which creates doubt as to the very presence of PW-12 at the time and place of the said occurrence - Held that High Court correctly noticed the said discrepancies which was also found out by the Trial Court and thereafter correctly came to the conclusion that the prosecution has failed to prove the guilt of the accused beyond any reasonable doubt - Appeal liable to be dismissed.

Topic(s)-Murder - Glaring Discrepancy - Acquittal