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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

On 14 February 2009, multiple murders occurred in Gondadagi village. Four men were convicted of murder and sentenced to death. On appeal, the Supreme Court found that eyewitness identification of three accused was unreliable: there was unjustified delay in the identification parade, police had improperly influenced the witnesses beforehand, and recovery of stolen articles and weapons used by these three was not satisfactorily proved. The Court acquitted three accused. However, for the second accused (Palya), hospital identification from photographs, identification parade results, and court identification, combined with satisfactory proof of recovery of an axe, sufficiently proved guilt. The Court upheld the conviction but commuted the death sentence to life imprisonment, considering the circumstances and the acquittal of co-accused.

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Criminal Law Evidence Eyewitness Identification Test Identification Parade Death Sentence Section 27 Indian Evidence Act Recovery of Stolen Property Murder

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