https://www.taxtmi.com/caselaws?id=457574 Non-explanation of an injury on an accused is not fatal where eyewitness evidence is clear and trustworthy, and the prosecution case remains acceptable on the overall evidence. A former statement can contradict an injured witness only if the witness is properly confronted with the specific portions relied on and the statement is legally proved; otherwise it cannot impeach the testimony. Exception 4 to Section 300 IPC applies only to a sudden fight without premeditation, undue advantage, or cruelty, and was held inapplicable on the proved facts. Common intention under Section 34 IPC requires proof of shared intent to cause the fatal act; on the facts, one accused's murder conviction was set aside and replaced with liability for simple hurt. en-us Fri, 07 Apr 2000 00:00:00 +0530 Mon, 23 Sep 2024 17:41:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457574 Non-explanation of an injury on an accused is not fatal where eyewitness evidence is clear and trustworthy, and the prosecution case remains acceptable on the overall evidence. A former statement can contradict an injured witness only if the witness is properly confronted with the specific portions relied on and the statement is legally proved; otherwise it cannot impeach the testimony. Exception 4 to Section 300 IPC applies only to a sudden fight without premeditation, undue advantage, or cruelty, and was held inapplicable on the proved facts. Common intention under Section 34 IPC requires proof of shared intent to cause the fatal act; on the facts, one accused's murder conviction was set aside and replaced with liability for simple hurt. Case-Laws Indian Laws Fri, 07 Apr 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457574