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Vishwanatha vs. State of Karnataka (SC)

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Penal Code, 1860–Secs. 302 & 450 r/w. 34–Acquittal–Reversed by High Court–Justification–Case of Direct evidence–Testimony of PW 1 & PW 2 does not corroborate with the postmortem report–If their testimony is believed then the ligature marks should have been all round of neck, including the back–Position of bad on which the deceased was allegedly strangulated, the Trial Court has given a finding that it would be highly improbable for two persons to stranglute the deceased by pulling the two ends of rope of cloth from behind since the cot was touching the northen and western walls–No explanation as to how PW 1 reached to house in a short span of time–Appellant was not known to witnesses but the TIP was not conducted–There were six persons in the locality having the name V–It is not clear that how the first of two were arrested by the police–Prosecution has not been abled to prove the case beyond the reasonable doubt–Appellant is entitled to be acquitted.