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Supreme Court of India 2018-11-28 dismissed

Ashwani Kumar & Anr vs State of Punjab

Bench: 2 — K.M. Joseph

In Brief

A man and woman (appellants) were convicted of murdering the man's wife under Section 302 read with Section 34 of the Indian Penal Code. Police officers witnessed the crime: the woman struck the victim with a brick while the man sat on her chest and pressed her neck; he then killed her with a khurpa. Both appellants were apprehended immediately after confessing to the crime. The trial court and High Court convicted them. On appeal, the appellants challenged the police testimony, claiming it was fabricated. The Supreme Court upheld the conviction, holding that the concurrent findings of both lower courts deserved deference, the police had no motive to falsify evidence, the second appellant's alibi failed, and the appellants' own conduct (fleeing and confessing) corroborated their guilt.

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Criminal Law Murder Appellate Jurisdiction Evidence Common Intention

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