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Supreme Court of India 2019-01-23 partly_allowed

Basavaraj @ Basya and Ors vs State of Karnataka etc

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Four accused were convicted and sentenced to death for the murder of three persons in Gondagiri village. The Supreme Court upheld the conviction of Accused No. 2 (Palya), finding his identification through hospital photographs, Test Identification Parade, and court proceedings, combined with recovery of an axe, sufficiently proved guilt. However, the convictions of Accused Nos. 1, 3, and 4 were set aside due to inadequate identification evidence and unsatisfactory proof of weapon recovery. The Court commuted Accused No. 2's death sentence to life imprisonment, considering that charges against co-accused had failed and the circumstances of the crime warranted modification.

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Criminal Procedure Evidence Law Eyewitness Identification Murder Test Identification Parade Recovery of Evidence Sentencing Death Penalty

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