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Ram Narain Singh vs The State Of Punjab on 15 July, 1975

83. Even otherwise, a wound at the time of examination of the deceased for the first time measured 7 cm x 1 cm which became 15 inches at the time of postmortem. The triangular shape bone was hanging with three holes with burn marks. The ocular evidence does not indicate as to how these injuries had been caused, more Crl.A. No.100106/2016 180 particularly as to the holes in the said bone which are burnt. There is nothing on record to indicate how the same could have occurred. Therefore, the ocular evidence provided no explanation to the injuries found on the deceased, thus, the said ocular evidence also cannot be believed. That apart, as observed hereinabove, the small intestine contained semi-digested food and the large intestine contained fecal matter even after a period of six days of the injuries having occurred during which time the deceased was in a coma and did not have any solid or semi solid food. This aspect has not been dealt with by the prosecution or the trial Court. All these aspects are extremely damaging to the prosecution case as held by the Hon'ble Apex Court in Ram Narain's case (supra), these aspects would negate and deals a deathblow to the case of the prosecution resulting Crl.A. No.100106/2016 181 in the irresistible conclusion that no such offence as alleged had occurred.
Supreme Court of India Cites 8 - Cited by 220 - S M Ali - Full Document
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