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Volume No - 10     Issue No - 15

The statement recorded under Section 161 Cr.P.C. can be used only to prove the contradictions and/or omissions. The benefit of material contradictions, omissions and improvements must go in favour of the appellants. The impugned judgment and order of conviction passed by the learned Trial Court and confirmed by the High Court convicting the appellants herein – accused nos. 2 to 5 for the offence under Section 302 r/w Section 149 of the IPC are hereby quashed and set aside .Accused acquitted.

Judgement as it is

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