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Madras High Court holds that when a defence witness testifies that the accused was not present at the scene of occurrence and such testimony is not discredited in cross-examination, it cannot be brushed aside — “Non-explanation of injuries on accused is a vital circumstance” — Conviction under Section 302 reversed

Court’s Decision The Madras High Court allowed the appeal, setting aside the conviction and sentence imposed by the Trial Court under Section 302 of the Indian Penal Code. The Court…