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
Court must balance State’s interest and accused’s fundamental right to liberty and should not reject the A.B based on mere A.G or P.P’s statement on offence
Complaint case: Police cannot arrest in complaint cases without an order of arrest u/s 87 Cr.P.C from the court
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