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Volume No - 8 Issue No - 11
The version of the incident given by the
sole eyewitness who is also an interested
witness on account of his relationship with the
deceased and being inimically disposed against
the accused persons is highly exaggerated and
not fully corroborated by medical evidence.
The version of the incident as given in the Court
is substantially in departure from the earlier
version as contained and available in the first
information report. We cannot, therefore, place
reliance on the sole testimony of Mannu (PW 9)
for the purpose of recording the conviction of all
the accused persons.”
12. We therefore find the order of the High Court to be
unsustainable and accordingly set it aside. The appellants are
acquitted. They are directed to be released forthwith if they are
not required in any other case.