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Rm. Arun Swaminathan vs The Principal Secretary To The ... on 28 September, 2020

(a)In Kapil Deo Mandal V. State of Bihar reported in 2008 16 SCC 99 ::2010 4 SCC (Crl) 203, the Hon’ble Supreme Court acquitted the accused/appellant giving the benefit of doubt as the medical evidence completely rules out the prosecution version of injuries being caused by firearms coupled with the fact that no evidence has been produced by the prosecution of any pellet or bullet http://www.judis.nic.in 12/73 W.P.(MD).No.78 of 2019 being recovered from the place of incident or from the body of the deceased in the post-mortem. Paragraph 27 of the judgment is extracted as follows:
Madras High Court Cites 10 - Cited by 0 - Full Document

Rm. Arun Swaminathan vs The Principal Secretary To The ... on 28 September, 2020

(a)In Kapil Deo Mandal V. State of Bihar reported in 2008 16 SCC 99 ::2010 4 SCC (Crl) 203, the Hon’ble Supreme Court acquitted the accused/appellant giving the benefit of doubt as the medical evidence completely rules out the prosecution version of injuries being caused by firearms coupled with the fact that no evidence has been produced by the prosecution of any pellet or bullet http://www.judis.nic.in 12/73 W.P.(MD).No.78 of 2019 being recovered from the place of incident or from the body of the deceased in the post-mortem. Paragraph 27 of the judgment is extracted as follows:
Madras High Court Cites 10 - Cited by 0 - Full Document

Subhadra Sahni & Anr vs The State Of Bihar on 22 November, 2018

Hon'ble Apex Court in Kapil Deo Mandal & Anr. Vs. State of Bihar reported in 2008 (16) SCC 99 has been pleased to rule that the incident happened at 11:00 O'clock in the night. The witnesses have stated that they have seen the incident and Patna High Court CR. APP (SJ) No.208 of 2013 dt.22-11-2018 16/22 recognized the appellants either in the torchlight or in the lantern-light which was burning at their house. It has come in evidence of the witnesses as well as the Investigating Officer that neither the torch or the lantern was seized by the I.O. during the course of investigation nor was it produced before the court. In the circumstances, it is difficult to believe that the appellants have been identified in the torchlight or in the lantern-light. Hence, in the aforesaid facts and circumstances of the case, it is not possible to place reliance on the evidence of said witnesses.
Patna High Court Cites 5 - Cited by 0 - P C Jaiswal - Full Document

Sidheshwar Sahani @ Singhewar Sahni vs The State Of Bihar on 22 November, 2018

Hon'ble Apex Court in Kapil Deo Mandal & Anr. Vs. State of Bihar reported in 2008 (16) SCC 99 has been pleased to rule that the incident happened at 11:00 O'clock in the night. The witnesses have stated that they have seen the incident and Patna High Court CR. APP (SJ) No.208 of 2013 dt.22-11-2018 16/22 recognized the appellants either in the torchlight or in the lantern-light which was burning at their house. It has come in evidence of the witnesses as well as the Investigating Officer that neither the torch or the lantern was seized by the I.O. during the course of investigation nor was it produced before the court. In the circumstances, it is difficult to believe that the appellants have been identified in the torchlight or in the lantern-light. Hence, in the aforesaid facts and circumstances of the case, it is not possible to place reliance on the evidence of said witnesses.
Patna High Court Cites 5 - Cited by 0 - P C Jaiswal - Full Document
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