Faulty investigation: Though the police officer reached the spot immediately based on the telephone information but did not follow the investigation procedures resulting in prosecution of 16 persons
Though there are variations in the two dying declarations the second dying declaration is found more believable and witnesses did not state many facts in their 161 statements
Murder case: The eyewitness testimony is trusted more than the doctor’s testimony because eye-witness survived cross-examination
Section 364 IPC and section 302 IPC by no stretch of imagination can be construed as similar offences hence High Court is correct in reversing the conviction of section 364 though charged for section 302 IPC
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