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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

Ashwani Kumar and his sister were convicted of murdering his wife under Section 302 read with Section 34 of the Indian Penal Code. Police officers testified that they witnessed the crime in progress: the accused man pressing the victim's neck while the woman assaulted her with a brick. Both appellants later emerged and proclaimed they had accomplished their purpose. The appellants challenged the conviction, arguing the police fabricated evidence and the sister was not present. The Supreme Court upheld the concurrent findings of the Trial Court and High Court, holding that the police witnesses were credible with no motive to falsify, the sister's alibi was unproven, and the appellants' own conduct immediately after the crime showed guilt. The appeal was dismissed.

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Criminal Procedure Murder Evidence Eyewitness Testimony Alibi Defence Joint Liability

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