Supreme Court of India
State by Inspector of Police, T. Nadu v. Rakiappan and Ors.
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From the headnote
Penal Code, 1860- ss.302 and 307 rlw s.34- Homicidal death - PW2, an injured child witness - His statement 1 c recorded by PW6, Investigating Officer- Trial Court recorded' conviction placing reliance upon the evidence of PW2 - High Court directed acquittal holding that PW2 was not in a fit, condition to give the purported statement before PW6 - Propriety of - Held, not proper - Evidence of PW17, the doctor, showed that PW2 was in conscious state and in a! position to give statement before PW6 - High Court did not indicate any plausible reason to discard the evidence of PW2 -Matter remitted…
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