Supreme Court of India
State of Himachal Pradesh v. Raj Kumar
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What the Court ordered
In the result, the impugned judgment is set aside and the appeal is allowed.
Judgment, page 10
From the headnote
Penal Code, 1860 – ss.302, 201 r/w.34 – Case based on circumstantial evidence – Deceased was residing with PW1 (son), PW2 (daughter) and accused-respondent (brother-in-law) – On the fateful night, PW1 heard the cries of deceased on being beaten by respondent who then took her towards the house of another accused – Later, dead body of deceased was found hanging from a tree – Trial court convicted the respondent – Appeal by accused allowed by High Court on the ground that PW-1 had made improvements in his deposition and hence, was not a reliable witness – Held: Prosecution case is based on…
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