Supreme Court of India
Mallappa v. State of Karnataka
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From the headnote
Penal Code, 1860 – s.302 – Murder – Deceased was allegedly assaulted with a club – Prosecution case primarily based on evide nce of PW5 (deceased’s wife) – Trial court acquitted accused-a ppellant as well as the co-accused – Acquittal of appellant rever sed by High Court – Conviction of appellant challenged – Held: On facts, evidence of PW5 cannot be accepted in full – There were contradictions in PW5’s deposition as regards her h aving seen appellant at the spot of occurrence – PW5 was not a witness to actual act of assault – As a witness, she did not inspir e confidence – No cogent evidence
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