SHYAM SUNDER @ SUNDARIYA VS STATE
- Court
- Rajasthan High Court
- Bench
- Jodhpur
- Date
- 20 Dec 2019
- Citation / case number
- CRLA / 921 / 2016
Summary
Conviction under Section 302 IPC and Sections 3/25 of Arms Act; procedure under Section 273 CrPC not complied with-Contradictions in statements of witnesses-material witness withheld-Adverse inference drawn. Prosecution did not get the accused identified-Mandatory obligation under Section 273 Cr.P.C -Evidence of witnesses recorded in absence of the accused vitiated. Prosecution concealed nature of objections pointed by the FSL-FSL reports appear to be tainted and cannot be read in evidence.
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