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Supreme Court of India 2019-05-07 allowed

Ashoksinh Jayendrasinh vs State of Gujarat

Bench: 2 — R. Banumathi

In Brief

In November 1997, a fatal shooting occurred during a dispute over a road in Gujarat. The appellant was convicted of murder and attempt to murder with another accused. The Supreme Court set aside the conviction, finding the eyewitness identification unreliable because the shooting happened at 9 PM in an unlit agricultural field with no evidence of electric light or moonlight. The post-mortem did not establish which weapon caused the fatal injuries, and the eyewitness testimony contradicted the original complaint about who fired the shots. The panch witnesses to the weapon recovery turned hostile. The Court held these cumulative doubts warranted acquittal.

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Criminal Law Evidence Eyewitness Identification Circumstantial Evidence Burden of Proof Benefit of Doubt Appeal Against Conviction Criminal Procedure Weapon Recovery

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