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Criminal law

SHATRUGHAN versus THE STATE OF CHHATTISGARH

The conviction could not be sustained because the prosecution failed to prove the charge beyond reasonable doubt: no witness actually saw the accused assault the deceased, the informant's testimony contained material contradictions and was unreliable (possibly influenced by the Sarpanch), medical evidence showed the recovered weapon was inconsistent with the injury, there was no established motive, and the defence hypothesis of an accidental fall while intoxicated was plausible; accordingly the appellant was entitled to acquittal.

  • Murder
  • Fir delay
  • Witness credibility
  • Motive
  • Weapon-injury consistency
  • Post-mortem evidence
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Criminal law

PRASAD @ SANTOSH KUMAR versus THE STATE OF BIHAR

The conviction could not be sustained because it was based solely on the prosecutrix's testimony which contained material contradictions and implausible aspects (identification by mobile light, alleged broken compound wall, variations about oral versus written complaint and timing), the medical officer found no violence marks and no physical or pathological evidence of rape and the FSL report on blood/semen was inconclusive, there was evidence of prior enmity between parties and no independent witnesses supported the prosecutrix; therefore the prosecution failed to dispel reasonable doubt and…

  • Rape
  • Conviction on sole testimony
  • Delay in lodging fir
  • Enmity/false implication
  • Benefit of doubt
  • Medical and forensic evidence
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Criminal law

BALIRAJ SINGH versus STATE OF MADHYA PRADESH

The conviction was set aside because material contradictions and lacunae—namely inconsistent eyewitness accounts (with primary eyewitnesses related and interested), contradictions between ocular and medical evidence as to nature of weapon, absence of forensic linking of the seized lathi to the fatal injury, and non-examination of the officer who conducted the seizure—cast serious doubt on the prosecution case so that guilt was not proved beyond reasonable doubt.

  • Murder (section 302/34 ipc)
  • Eyewitness testimony
  • Postmortem evidence
  • Seizure of weapon
  • Credibility and contradictions
  • Acquittal on benefit of doubt
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Criminal law

NANA KESHAV LAGAD versus STATE OF MAHARASHTRA

The convictions and sentences were upheld because the injured eyewitness P.W.4's account, when read with corroborating eyewitness P.W.5, the detailed medical/postmortem evidence (Ex.35, Ex.37) and the recoveries (panchanama and forensic report showing human blood on clothes), established the involvement of the appellants and their common intention under Section 34 IPC; the appellants failed to explain incriminating bloodstains in Section 313 CrPC answers.

  • Murder
  • Common intention (section 34 ipc)
  • Eyewitness credibility and corroboration
  • Panchanama and recovery
  • Medical/postmortem evidence
  • Section 313 crpc explanation of accused
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Criminal law

R. KUPPUSAMY versus STATE REP. BY INSPECTOR OF POLICE, AMBEILIGAI

The extra-judicial confession attributed to the appellant was voluntary, made shortly after the offence and recorded by a credible Village Administrative Officer; it was corroborated by medical evidence showing drowning and by other witness testimony, and therefore it sufficed to sustain conviction under Section 302 IPC and the life sentence was upheld.

  • Extra-judicial confession
  • Corroboration
  • Drowning as cause of death
  • Murder
  • Sentencing - life imprisonment
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Criminal law

TULSIRAM & ORS. versus STATE OF M.P.

Material contradictions in prosecution evidence (including hostile testimony of the injured witness PW5 and PW9), inconsistency between eyewitness account and medical evidence as to number and nature of injuries, and absence/withholding of a police report rendered the prosecution case doubtful; therefore the prosecution failed to prove the offences beyond reasonable doubt and the convictions and sentences were set aside.

  • Assault and causing hurt (ss.323,325 ipc)
  • Common object and s.34 ipc
  • Hostile witness
  • Medical evidence vs. eyewitness testimony
  • Benefit of doubt
  • Probation under crpc ss.360-361
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Penal code, 1860

MISHRILAL AND ORS. versus STATE OF M.P. AND ORS.

The evidence of PW1 to PW3, taken together with the medical/post-mortem evidence, satisfactorily proved that the appellants committed the offence; the procedural impropriety of recalling PW2 to repudiate his earlier sworn evidence did not vitiate the prosecution case; therefore the convictions under Section 302 read with Section 149 IPC and under Section 148 IPC are upheld and the appeal is dismissed.

  • Murder
  • Recall of witness
  • False evidence
  • Witness identification
  • Post-mortem evidence
  • Common intention (section 149)
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Criminal law

YAKUB ISMAILBHAI PATEL versus STATE OF GUJARAT

The conviction under Section 302 read with Section 34 IPC was upheld because the sole eyewitness PW-2 gave a reliable and consistent account corroborated by PW-1, recovery at the accused's instance of a blood-stained weapon with unshaken panch testimony, and medical evidence establishing multiple ante-mortem injuries (including to a vital part, the neck) sufficient in the ordinary course of nature to cause death; trivial discrepancies did not vitiate the prosecution case and hostile or non-produced witnesses did not mandate acquittal.

  • Murder
  • Section 302 ipc
  • Section 34 ipc
  • Sole eyewitness testimony
  • Identification parade
  • Recovery of weapon
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Criminal law

RAM CHANDER AND ORS. versus STATE OF HARYANA

The High Court erred in reversing the acquittal because it failed to address and rebut the specific reasons given by the Sessions Judge for acquittal and relied unduly on inferences from some post-mortem injuries; accordingly the High Court's conviction was set aside and the trial court's acquittal restored.

  • Appeal against acquittal
  • Reversal of acquittal
  • Reliability of prosecution witnesses
  • Post-mortem findings
  • Inquest report
  • Police custody
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