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Trial of ten accused persons under Sections 148 and 302 r/w 149 of IPC, conviction of five accused under Sections 148 and 302/149 IPC, conviction of accused Nos. 5 to 8 under Section 147 IPC, separation of trial of one accused, tribal community involvement, discrepancies in witness testimonies, medical evidence analysis, defective investigation, lack of corroborative evidence, unsatisfactory recording of accused statements, sufficiency of evidence for conviction. Analysis: The judgment involves the trial of ten accused persons for charges under Sections 148 and 302 r/w 149 of IPC. The Sessions Court convicted five accused under these sections, while accused Nos. 5 to 8 were convicted under Section 147 IPC. The accused belonged to a tribal community, and the incident involved a dispute over land leading to the murder of the deceased. The witness testimonies, especially that of Mannu (PW-9), the sole eyewitness, played a crucial role in the case. However, discrepancies were noted in Mannu's testimony from the First Information Report, raising doubts about the reliability of his account. The medical evidence presented during the trial revealed specific injuries on the deceased, indicating the cause of death. The court analyzed the injuries and the witness testimonies to assess the credibility of the prosecution's case. The judgment highlighted the need for corroboration in material particulars by reliable testimony before accepting the testimony of a single witness. The court scrutinized Mannu's testimony, noting inconsistencies and exaggerations, which cast doubt on the accuracy of his version of events. The judgment also criticized the defective investigation conducted in the case. The Investigating Officer's failure to prepare a site plan, send samples for chemical examination, or recover weapons of offense raised concerns about the thoroughness of the investigation. The court emphasized the importance of interrogating local witnesses and collecting relevant evidence to establish the facts of the case accurately. Furthermore, the judgment raised issues regarding the recording of accused statements under Section 313 Cr.P.C. The court found the manner in which the Trial Court summarized the prosecution case during the accused's examination unsatisfactory. The judgment emphasized the importance of providing the accused with the opportunity to explain circumstances appearing in evidence against them to ensure a fair trial. Ultimately, considering the infirmities in the prosecution evidence, discrepancies in witness testimonies, and the lack of corroborative evidence, the Supreme Court acquitted all accused persons of the charges. The judgment highlighted the need for a comprehensive and reliable evidentiary basis to establish guilt beyond a reasonable doubt. The court appreciated the assistance of the amicus in the case and ordered the immediate release of the acquitted appellants.
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