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1978 DIGILAW 209 (MP)

Parmeshwar v. State of M. P.

1978-03-09

N.C.DWIVEDI, U.N.BHACHAWAT

body1978
Short Note : 1. When this Court finds that there have been more than one falsehoods introduced by the prosecution and when there were independent witnesses available in the surrounding fields who have not been examined, this Court feels highly reluctant to place reliance on the testimony of the partisan witnesses. It appears that Haridhar (P.W. 6) and Shyamlal (P.W 7) met together immediately after the assault and deliberated amongst themselves and then sent Chitrabhan (P. W. 1) to lodge the report against their established enemies. On the facts and circumstances of the case, this Court feels reluctant to accept the prosecution evidence and hold the appellants were wrongly convicted under section 302/34 of the IPC. Appeal allowed.