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Head Note

Indian Penal Code,1860  - Section 302 , Section 201 , Section 34

Murder - Appeal against acquittal - Testimony of PW 1 is consistent and not in any way shaken in cross-examination as regards 'S' and he was an equal participant in the crime - His role in bringing 'J' forcibly and making him sit in the vehicle, thereafter making him sit in the front, and finally in making him get down near the well and strangulating him, was rightly relied upon by the Trial Court - High Court committed gross error in granting him benefit of doubt - Conviction as ordered by the Trial Court restored.

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