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Supreme Court of India 2019-08-06 allowed

BALWAN SINGH vs THE STATE OF CHHATTISGARH

Bench: 3 — N.V. Ramana, Mohan M. Shantanagoudar, Ajay Rastogi

In Brief

On 22 January 2007, Pitambar Singh was murdered allegedly by multiple accused acting in concert. The prosecution relied on eye witness testimony of two persons (PW-9 and PW-16) and circumstantial evidence including recovery of bloodstained weapons. However, the Supreme Court found the prosecution case was concocted. PW-9, admittedly present in the village on the investigation date, had never disclosed witnessing the murder; PW-16's presence 75 km away seemed implausible. The Forensic report could not prove the blood was human in origin. All accused were acquitted on conspiracy charges by lower courts, undermining the case. Consequently, the Court allowed the appeals, acquitted the appellants, and directed their release, extending the benefit to other unappealable co-accused."

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Criminal Law Evidence Witness Credibility Circumstantial Evidence Forensic Evidence Blood Stain Analysis Murder Rioting Appeal Burden of Proof

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