Supreme Court of India
Virendra v. State of Madhya Pradesh
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From the headnote
Penal Code, 1860: ss. 302 r/w s. 34 – Murder – Prosecution case that victim was allegedly shot dead and killed by the three persons over a pending property dispute – One of them died dur ing the trial – Conviction of other two-appellant and other u/s. 3 02/34 and the Arms Act and sentenced to life imprisonment by courts be low – Appeal by the appellant before this Court – Held: Evidence of eye-witness cannot be relied upon as against the other pro secution witnesses – Recovery of weapon not proved – Evidence to im plicate the accused not adequate – Failure of prosecution t o prove the offence
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