Supreme Court of India
State of Himachal Pradesh v. Raj Kumar
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What the Court ordered
In the result, the impugned judgment is set aside and the appeal is allowed.
Judgment, page 10
From the headnote
Penal Code, 1860 – ss.302, 201 r/w .34 – Case based on circumstantial evidence – Deceased was r esiding with PW1 (son), PW2 (daughter) and accused-r espondent (br other-in-law) – On the fateful night, PW1 hear d the cries of deceased on being beaten by respondent who then took her towar ds the house of another accused – Later , dead body of deceased was found hanging fr om a tr ee – Trial cour t convicted the r espondent – Appeal by accused allowed by High Cour t on the gr ound that PW -1 had made impr ovements in his deposition and hence, was not a r eliable witness – Held: Prosecution case
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