Supreme Court of India
Sunil Mahadeo Jadhav v. The State of Maharashtra
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What the Court ordered
We are of the opinion that the conviction of aci..:used Nos. 2 c and 3 is liable to be set aside.
Judgment, page 28
From the headnote
Penal Code, 1860 - ss. 302, 342, 218, 193 rlw. s. 34 - Custodial death - Prosecution of police officials - Circumstantial evidence - Acquittal by trial court - Conviction by High Court - On appeal, held: Since the arrest Panchnama and Arrest Register have been duly proved by PWs 21 and 22 and there is no evidence to show that they o were fabricated, the accused cannot be held guilty u/ss. 218 and 193 - The accused also cannot be convicted uls. 342 -- -----because the deceased was a co-accused in a kidnapping case - The injuries on the deceased noticed in the post mortem, which were the cause
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