Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3, S.27— Murder – Proof of – Accused had allegedly assaulted his live-in partner with a grinding stone and stick as a result of which she died – Testimonies of witnesses showed that accused was in a confused state of mind while making alleged extra-judicial confession – Statements of witnesses made under Section 161 Cr.P.C. were at variance with their evidence in court – No bloodstains were found on clothes of accused – No grinding stone or stick with blood stains on it , was recovered – Conduct of accused in telling landlord and brother of deceased first instead of confessing his guilt before police or any other authority, was strange – Conviction was set aside
2011 (1) ABR (NOC) 65 (BOM)-Reversed(Paras202122232425)
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