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Volume No - 16     Issue No - 4

The High Court was of the view that the contradictions which have been pointed out by the defence are of a minor nature. Having evaluated the evidence, we are unable to sustain that conclusion given that the contradictions were of fundamental nature which go to the root of the case of the prosecution. It is true that the prosecution was not obligated to examine every witness who is alleged to have been present at the site or the scene of the offence, yet in the context of the facts as they have emerged before this Court, the failure to examine Chetram, who was the father of the deceased and was allegedly sitting in the close proximity, assumes significance. We accordingly allow the appeals and set aside the impugned judgment and order of the High Court.The appellants are accordingly acquitted and they shall be released from custody unless they are wanted in connection with any other case.

Judgement as it is


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