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Supreme Court of India 2018-10-24 partly_allowed

Asar Mohammad and Ors vs State of U.P

Bench: 2 — A.M. Khanwilkar

In Brief

Three appellants were convicted of murdering the second wife and son of the eldest appellant and of destroying evidence by dumping their bodies in a septic tank. The High Court upheld the murder conviction but commuted the death sentence to life imprisonment. This Court held that while Appellant No. 1, who confessed and led police to the bodies, was properly convicted, Appellants Nos. 2 and 3 could not be convicted of murder based solely on the co-accused's confession without independent evidence. However, they were rightly convicted under Section 201 IPC for tampering with evidence and failing to disclose knowledge of the crime despite living in the same house.

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Criminal Law Murder Circumstantial Evidence Confessions Evidence Act Co-accused Confessions

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