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Volume No - 13     Issue No - 19

Club is a common implement which can be found at random in rural households of this country and in absence of any cogent evidence demonstrating that the club seized was used to assault the deceased, the prosecution story seeking to establish commission of the offence by circumstantial evidence of discovery of the weapon of assault fails. Even if the prosecution version that the PW­3, PW­5 and PW­6 could and did see the appellant running in front of Devendrappa’s house from the respective positions they were in at the time of occurrence of the incident was accepted, the evidence we would have been left with would have been two accused persons being seen running away. That would have been too thin piece of evidence to convict someone under Section 302 of the Code, applying the principle of res gestae.

Judgement as it is

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