SHANKER versus STATE OF MADHYA PRADESH
Material contradictions and discrepancies in evidence of prime prosecution witnesses undermine the prosecution case; guilt was not proved beyond reasonable doubt as required for conviction under s.302 IPC.
Source-derived case information.
- Parties
- Appellant: Shanker; Respondent: State of Madhya Pradesh
- Jurisdiction
- India
- Judgment Date
- 18 April 2018
- Procedural Posture
- Criminal Appeal / Supreme Court Judgment on Appeal by Special Leave
- Outcome
- Appeals allowed; conviction and sentence set aside.
- Legal Topics
- Murder, Evidence, Appreciation of Contradictions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shanker
Appellant
State of Madhya Pradesh
Respondent
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal by Special Leave
Legal Issues
- 1 Whether contradictions and discrepancies in prosecution evidence are material enough to vitiate conviction under s.302 IPC
- 2 Whether appellants Shanker and Suresh's involvement was supported by trustworthy evidence
Ratio Decidendi
Material contradictions and discrepancies in evidence of prime prosecution witnesses undermine the prosecution case; guilt was not proved beyond reasonable doubt as required for conviction under s.302 IPC.
Court Disposition
Appeals allowed; conviction and sentence set aside.
Orders
- Impugned judgment of High Court set aside.
- Appellants acquitted of offences under Sections 148 and 302/149 IPC.
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