LAW FOR ALL

Acquittal -No consistence with Medical evidence - Scene of offence not clear - Blood stained Earth not sent for chemical examination - weapons not recovered - The ocular witnesses namely PWs 1 to 3 are interested and inimical witnesses and in their testimonies they have not stated as to how the appellants/accused mentioned above sustained 12 injuries during the occurrence and they are lying on a most material point, and therefore, their evidence is unreliable and further their ocular testimony with respect to the assault is inconsistent with the medical evidence and the weapons of offence were not recovered and situs of the assault was also not fixed and so the prosecution has failed to prove the case against appellants beyond reasonable doubt and the conviction and sentence imposed on the appellants are liable to be set aside.= Ganesh Datt .. Appellant(s) versus State of Uttarakhand .. Respondent(s)= 2014 (June .Part ) http://judis.nic.in/supremecourt/filename=41572