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1 - 10 of 24 (0.27 seconds)Section 145 in The Indian Evidence Act, 1872 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Section 34 in The Indian Evidence Act, 1872 [Entire Act]
V.K.Mishra & Anr vs State Of Uttarakhand & Anr on 28 July, 2015
44. In view of the above law, we have accessed the
testimonies of the eye witnesses in the light of other pieces of
evidence. We find that, that part of the bullock story i.e a bullock
straying towards the house of accused No.1 and being brought back
to the house of the victim, needs to be ignored in view of the law
laid down by the Hon'ble Apex court in V. K. Mishra and another Vs.
State of Uttarakhand and another (supra). So also, that part of the
testimony of the eye-witnesses introducing a blow on the stomach
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908-CrApl-562-14.odt
of the victim also can be ignored. By deleting these portions, the
consistent testimonies of the three eye witnesses would be that the
deceased had been allowing his two nephews i.e the two accused,
to draw water from his well and it was in the summer season when
the water level was depleting vigorously, that he was restraining
them from drawing water. This denial in the month of May which is
the severest month in the summer season, in this part of the State,
appears to have agitated the accused and though the victim was
their real uncle (father's brother), they have attacked him resulting
in his death.