TaxTMI 
TaxTMI 
2007 (9) TMI 641
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....nd four years' for the other offence. 2. The prosecution case in a nutshell is as follows. Dal Chand (hereinafter referred to as the 'deceased') along with his wife Smt. Raj Kaur, the informant (PW-1) and their son Paramjeet Singh (PW-7) had gone to graze their cattle. At about sunset time on their way back to their house they reached the courtyard of Ganga Ram. They were accosted by the appellants who came out from behind the bushes. Accused Ram Veer Singh was armed with a gandasa, Suresh was holding a Ballam and Chet Ram was possessing a lathi. They started belaboring the deceased Dal Chand, with their respective weapons by saying that he should not be spared. The cries of the above witness and the victim attracted Chottey, ....
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....on of investigation charge sheet was filed and charges were framed. 3. The accused persons pleaded innocence. They seriously challenged the identity of the dead body as that of the deceased. The Trial Court found the accused persons guilty and convicted and sentenced them, as aforesaid. Before the High Court, the accused persons took the plea that the autopsy conducted by Dr. K.S. Tewari (PW-2) indicated that the body bore no marks of injury. Most of the organs below the neck to the wrist were found missing by the Doctor. Scalp too was found missing but the skull bones were found intact. They bore no mark of any injury, i.e. any cut or fracture. The body was found in highly decomposed state. The clothes did not have any mark of assault by ....
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....igh Court found it hard to believe that she had gone with the blood taken from the spot to the police station. Her statement was also controverted by the investigating officer who stated that he had recovered the blood and sample of earth from the spot of occurrence the next day. The time of lodging the FIR was found to be suspicious by the High Court in view of several contradictory statements made by PW-l. The investigating officer also admitted in his cross examination that the seals of the two containers in which blood stained earth and samples had been kept were found to be tampered with. 6. The investigating officer had admitted that he had recorded the statement of Chhotey Lal (PW-4) on 31.8.1978 as this witness was not available ea....
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....eet (PW-7) is concerned, his evidence was also found to be not reliable because he appeared to have been tutored. He was aged about 7-8 years when he gave the statement on 11.7.1980. The incident had occurred on 24.08.1978, i.e. nearly two years before his deposition. That means that he was about 5-6 years old at the time of incident. The High Court, with reference to his evidence found that the testimony he gave in court was the result of tutoring. In these circumstances, the High Court concluded that the prosecution has failed to establish the accusation. 8. Though learned counsel for the State submitted that the circumstances highlighted by the prosecution were sufficient to record conviction, we find that the High Court has examined al....