Supreme Court of India
Bihari Rai v. State of Bihar (now Jharkhand)
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From the headnote
Penal Code, 1860 : ss. 304 (Part !), s. 300 Exception 4 - Death caused - By c three accused - Eye-witnesses to the incident - Motive attrib- uted - Conviction by trial Court uls 302134 /PC - High Court altering the conviction of one accused u/s 304 (Part I) and acquitting the co-accused - On appeal by convicted accused, .__. Held: In the facts of the case, conviction u/s 304 (Part I) car- reef - Non-examination of one of the Investigating Officers, non-mention of names of other eye-witnesses by the informant- eye-witness and non-production of Station Diary Entry before court not fatal for
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