Non-examination of witness as well as contradictory versions in FIR

AIR 2013 SUPREME COURT 2920 

Criminal Appeal No. 72 of 2008, 

D/1-5-2013.

Prabhat alias Bhai Narayan Wagh & others v. State of Maharashtra.

Penal Code (45 of 1860), S. 300 Murder - Appeal against conviction - Allegations that appellants armed with sword and gupti chased deceased and assaulted him - Prosecution story that deceased ran to house of witness who received injuries on her arm when she tried to intervene Non-examination of said witness as well as contradictory versions in FIR and also discrepancies and omissions pointed by trial Court, creates a dent in prosecution story Trial Court had acquitted rest of accused person, which was affirmed by High Court on same set of evidence On facts and circumstances, appellants en- titled to benefit of doubt Conviction and sentence awarded to appellants, set aside. (Paras 9, 10, 11, 12)