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Dr. R. Palani Durai, Assistant ... vs State Of Tamil Nadu Rep. By The Secretary ... on 17 March, 2003

It needs no emphasis that it has to be established by the prosecution that death of Gurcharan Singh has actually taken place like any other fact. What to say of recovery of dead body of Gurcharan Singh, not even a piece of mortal remains of Gurcharan Singh was found in this case. In this backdrop, the prosecution cannot be said to have proved the guilt of accused persons. While saying so I am also fortified by the judgment in the matter titled as "K.T Palam Samy Vs. State of Tamilnadu" reported at 2008(1) RCR(Criminal) 870(SC).
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