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Supreme Court of India 2019-01-14 dismissed

Ashish Jain vs Makrand Singh and Ors

Bench: 2 — Mohan M. Shantanagoudar

In Brief

Three men were convicted of murdering a money lender, his wife, and daughter, and robbing Rs. 30,000 in cash and Rs. 8 lakhs in gold and silver ornaments. The trial court sentenced them to death. The High Court, with split opinions, acquitted them 2-1. The Supreme Court examined whether the acquittal was justified. The Court found that the 'last seen' evidence was an afterthought not mentioned in the FIR, the confessions were involuntary and tainted, the identification of recovered ornaments was procedurally deficient, and fingerprint evidence was unreliable. No evidence conclusively linked the recovered weapons to the injuries. Finding reasonable doubt about guilt, the Court confirmed the acquittal and dismissed the State and complainant's appeals.

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Criminal Law Murder Robbery Circumstantial Evidence Criminal Procedure Evidence Constitutional Law Right Against Self-Incrimination

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