ALTAF HUSSAIN versus STATE
Section 324, 34, 337A (ii), 337F (I), 337H (I), 354A, 148, 149, 337A (i) and 337F (V) Proof of Challan Section 302, pp. C was not included Investigation officer's opinion is not acceptable in the evidence The accused / appellant alleged that he, when equipped with hatches, injured the brother of the accused and the brother of the cousin complainant along with the accused. Severe head injuries sustained in hospital and finally died. Complainant requested police to add Section 2302, PPC but to no avail and Sections 242424, & 34 & 7 337H (II ) Or, PPC lodged a cross case / complaint against the accused. Sections 354A, 148, 149, 337H (ii), 337A (i), 337F (i) and 337F (v), to the complaining party under PPC but not to the accused in the trial He was acquitted of trial and had no success. Challenged the trial court, while acquitting the co-accused, convicted / appellants under the provisions 324 and 34, 337a (ii), 337f (i) and 337h (ii), PPC and their Was sentenced to 10 years in prison. One of the accused / appellants claimed that he had nothing to do with the other culprits and was found innocent during the police investigation but did not present any evidence in support of his version / the police / investigating officer. The admissibility of the evidence in the opinion was not admissible The defense version was baseless and was rejected. If the prosecutor had prosecuted with a sense of responsibility, then section 302, PPC should have been included in the offense which The accused was charged with one of the charges, which sustained severe injuries at the hands of the accused.
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