Supreme Court of India
Birbal Nath v. The State of Rajasthan & Ors
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From the headnote
Issue for consideration: Whether the High Court was justifi ed in acquitting the accused for the major off ences u/ss. 302 and 307 IPC, and convicting them only for the off ences u/ss. 147, 148, 323, 324, 325/149 and reducing their sentences to the period already undergone by them; and whether contractions in the two statements of the injured eye witness, one given to police u/s.161 Cr.PC., and the other given before the court, would be suffi cient to discredit a witness. Penal Code, 1870 – ss. 304 Part I, 308, 147, 148, 323, 324, 325/149 – Culpable homicide not amounting to murder – First
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