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1 - 3 of 3 (0.18 seconds)Surinder Singh vs The State Of Punjab on 8 August, 2003
But, according to the prosecution, after having dinner, the deceased was watching the T.V. Serial and went to bed room and the occurrence took place at about 1.00 a.m., nearly three hours after the dinner. But as per the post mortem certificate, undigested food was presented in the stomach. Hence, the occurrence said to have taken place at 1.00 a.m., as stated by the prosecution creates doubts. The learned counsel appearing for the appellant cited Judgments of the Hon'ble Supreme Court in SURINDER SINGH Vs. STATE OF PUNJAB reported in [1989 supp (2) SCC 21], MOTI AND OTHERS Vs. STATE OF UP reported in [2003 SCC (Crl) 1821] and DAULAT RAM Vs. STATE OF PUNJAB reported in [1997 SCC (Cri) 822], in support of his contention that the medical evidence regarding undigested food in the stomach of the deceased created doubt in the prosecution case regarding the time of occurrence. Therefore, the prosecution story is totally unbelievable and hence he prays for allowing this appeal.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
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