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State Of U.P vs Naresh And Ors on 8 March, 2011

7, PW-8, PW-9, PW-10 and PW-11 have deposed during the trial that they know the accused persons and they have seen the accused persons, including the present appellants, assaulting the deceased Anowar. The injured eye witness, namely PW-11 Md. Kapiluddin has categorically deposed that the accused persons brought the deceased Anowar out of his house and assaulted him and thereby killed him. He has specifically stated that Soleman hacked the neck of Anowar and other accused persons assaulted him with lathi when he fell down. During cross-examination also, he has stated that he had witnessed the incident in an injured condition. This testimony of the injured witness PW-11 could not be demolished during his cross-examination. The Apex Court has observed in the case of "State of U.P. v. Naresh", (supra) as follows: -
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