◼️(GAUHATI HIGH COURT)
◼️Ragha Mura v. State of Assam and another.
Cri. A (J) No. 69 of 2014,
D. 4-4-2018.
◼️Penal Code (45 of 1860), S. 304, Part I Evidence Act (1 of 1872), S. 3. 1 Culpable homicide not amounting to murder Benefit of doubt Accused persons allegedly assaulted deceased, their brother in law with lathis and threw him on bank of river Eye witness neighbour deposing that he saw accused persons assaulted deceased with flathis and he informed village headman Eye-witnesses not raised alarm for help as well not supported by testimony of vil- lage headman, making his evidence doubt fulTestimony of eye witness not corroborated by medical evidence as it showing injuries by pointed sharp weapons and not by lathis Extrajudicial confession made by one of accused to village headman doubtful having inconsistent deposition Wife of deceased turning hostile Prosecution failed to prove case beyond reasonable doubt Accused entitled to benefit of doubt.