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Nivrutti S/O Kondiaba Ghalewad vs State Of Maharashtra on 20 December, 2017 cites

State Of Punjab & Ors vs Bhajan Singh & Anr on 27 February, 2001

35) The learned counsel for appellants, accused placed reliance on some observations made by the Apex Court in the case reported as AIR 1975 SUPREME COURT 258 [The State of Punjab Vs. Bhajan Singh and Ors.]. In that case, the dead body recovered was in decomposed condition and due to that, doctor could not form opinion that it was homicide. Benefit of this circumstance and also omission on the part of investigating agency to obtain report of anatomy expert was given to the accused. The facts and circumstances of each and every case are always different. In that case, features of the person on whose dead body doctor performed P.M. examination were unrecognizable. In the present case, the dead body is identified by close relatives and also by the employer of deceased. There is also evidence on motive and there is evidence on other circumstances like opportunity to accused No. 1. Due to facts and circumstances of the present matter, this Court holds that the observations made by the Apex Court in the case cited supra are of no help atleast to accused No. 1.
Supreme Court of India Cites 12 - Cited by 91 - Full Document
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