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Rajendra S/O. Adakuji Choudhary vs The State Of Maharashtra Thr. P.S.O. ... on 17 December, 2021
cites
Section 105 in The Indian Evidence Act, 1872 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 84 in The Indian Evidence Act, 1872 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 338 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 339 in The Code of Criminal Procedure, 1973 [Entire Act]
Devidas Loka Rathod vs The State Of Maharashtra on 2 July, 2018
40. The appellant, in this case, has to only prove his defence
by applying the standard of preponderance of probabilities and
not beyond all reasonable doubts. Applying this test, we think
that the appellant, in this case, has at least succeeded in creating
reasonable doubt about his mental condition at the time of the
occurrence and therefore, the appellant, in terms of the law laid
down by the Hon'ble Supreme Court in Devidas Rathod (supra)
and Vijayee Singh (supra) would be entitled to the benefit of the
reasonable doubt and consequent acquittal.