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1 - 10 of 14 (0.20 seconds)Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 364 in The Indian Penal Code, 1860 [Entire Act]
Section 201 in The Indian Penal Code, 1860 [Entire Act]
Section 365 in The Indian Penal Code, 1860 [Entire Act]
Section 27 in The Indian Evidence Act, 1872 [Entire Act]
The Code of Criminal Procedure, 1973
Prakash Nishad @ Kewat Zinak Nishad vs The State Of Maharashtra on 19 May, 2023
28. Thus, in light of the judgment of Prakash Nishad vs.
State of Maharashtra (supra), the DNA report could not have been
made sole basis for convicting the accused. The chain of collection
of the sample is thus not established in this case. Therefore, the
DNA report in this case, cannot be read against the accused-
appellants coupled with the fact that Panchi Devi and the doctor
who took the sample have not been examined before the Court.
With what we have deliberated above, it is evident that it is not
established that Jagdish was abducted and murdered by the
accused-appellants. Hence, Criminal Appeal Nos.98/2018,
99/2018 and 239/2018 filed by the accused-appellants deserves
to be and are accordingly, allowed. Judgment of conviction and
order of sentence dated 23.01.2018 qua accused-appellants is
quashed and set aside. Appellants are acquitted of all the charges
levelled against them. The accused-appellants- Meghraj, Sheoji
and Mukesh are in jail, they shall be released forthwith, if not
required in any other case. The accused- Surgyan is on bail, his
bail bonds stand cancelled.