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TMI Blog2022 (12) TMI 1455X X X X Extracts X X X X X X X X Extracts X X X X ..... d came to his house and informed him that he has killed the deceased-Om Prakash, such statement does not find any mention in the oral report. Apart from this, the delay of 14 hours in lodging the oral report has not been sufficiently explained. The only witness of the last seen theory, i.e. PW-5, has turned hostile and has thus been disbelieved. Apart from that, the trial court disbelieved the very same evidence in so far as the other four Accused were concerned. The said acquittal has also been found to be valid by the High Court. The High Court as well as the trial court were not justified in convicting the Appellant. The appeal is allowed - Hon'ble Judges B.R. Gavai and Vikram Nath JJ. For the Appellant : Ajay Pal, AOR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rted the matter to the police on the basis of which FIR was registered, he had only expressed a suspicion against the present Appellant. We further find that there was a delay of 14 hours in reporting the incident to the police. 4. The learned trial Court relying upon the evidence of PW-4, PW-7 and PW-8 held that the prosecution has proved the case beyond reasonable doubt against the present Appellant. Further, on the basis of the same evidence, the Trial Judge acquitted the other Accused whose acquittal has been upheld by the High Court. 5. The High Court, while confirming the conviction of the Appellant, relied upon the evidence of Jagdish Chander (PW-4). Further, the High Court specifically records that Bhagwana (PW-5), the brother ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Accused and must show, in all human probability, that the act has been done by the Accused. Further, it has been held that the facts so established must exclude every hypothesis except the guilt of the Accused. 10. In the present case, if the evidence of Jagdish Chander (PW - 4) is to be appreciated wherein he has stated that the Accused came to his house and informed him that he has killed the deceased-Om Prakash, such statement does not find any mention in the oral report. Apart from this, the delay of 14 hours in lodging the oral report has not been sufficiently explained. The only witness of the last seen theory, i.e. PW-5, has turned hostile and has thus been disbelieved. 11. Apart from that, the trial court disbelieved the v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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