Supreme Court of India
State of Orissa v. Sikhar Jena and Ors
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From the headnote
r' Penal Code, 1860: s.302 r.w. s.149 - Attack by mob - · c Death of 5 persons - Conviction of six accused, based on evidence of eye-witness - High Court ordered acquittal, by discarding evidence of eye-witness - Propriety of..:. Held: Not proper - High Court by abrupt conclusions discarded the evidence of eye-witness - Merely stating that the evidence of a witness was not believable was not sufficient - Matter remitted to High Court. l Prosecution case was that on the fateful day, there was clash between the rival groups. Havaldar (PW-2) informed at the· police station that the accused
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