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Evidence Of Approver: When Evidence Shapes Verdicts In Section 302/34 Cases

In the following cases where the evidence of the approver was not found natural and was not corroborated by other evidence on the record, the accused were acquitted of the charge under Section 302/34. On the other hand, in the following case, the evidence of the approver was held reliable and found corroborated by other evidence on the record. As such, the conviction of the accused persons under Sections 302/34 was held to be proper.

Where, in a charge under Section 302 read with Section 34, it is proved that only one accused inflicted injuries and the participation of the other accused is not believed, the accused who inflicted injuries can be convicted under Section 302 simpliciter.

In a specific instance, the evidence demonstrated that the accused person had come with premeditated intention to assault the deceased using spears aimed at the vital part of the body, i.e., the abdomen. This resulted in the death of the deceased. The accused shared the common intention to murder the deceased, leading to their guilt under Section 302 read with Section 34.

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