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Supreme Court of India 2019-05-07

ASHOKSINH JAYENDRASINH vs THE STATE OF GUJARAT

Bench: 2 — R. Banumathi, S. Abdul Nazeer

In Brief

A man was convicted of murder and attempt to murder for firing gunshots at a complainant's group in 1997 during a land dispute. The trial and High Court upheld the conviction, but the Supreme Court reversed it. The Court found critical flaws: the incident occurred at 9 PM in darkness with no evidence of lighting, making identification unreliable; witnesses gave contradictory accounts about who fired the shots; the medical evidence did not specify whether injuries were from a rifle or shotgun recovered from the accused; and the recovery witnesses turned hostile. Without proof beyond reasonable doubt on these material points, the Court granted benefit of doubt and acquitted the appellant."

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Criminal Law Evidence Identification of Accused Burden of Proof Eye-witness Evidence Firearm Crimes Criminal Procedure Appellate Review

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