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Supreme Court of India 2020-12-10 dismissed

Bijender vs State of Haryana

Bench: 3 — N.V. Ramana, Surya Kant, Aniruddha Bose

In Brief

Three appellants were convicted for attempt to murder and rioting with deadly weapons after brutally attacking a farmer with axes in 1998, causing him permanent disability and amputation of his leg. The High Court upheld their conviction under Section 307 IPC but acquitted three co-accused. The Supreme Court dismissed the appeal, holding that although the charge under Sections 148-149 IPC (unlawful assembly) could not survive because fewer than five accused remained convicted, the Court could validly convert the charge to Section 307 IPC alone, as the same evidence established the appellants' individual guilt. The Court rejected arguments about lack of independent witnesses, finding the closely related eyewitness credible and corroborated by medical evidence, and dismissed the plea for sentence reduction based on bail period served.

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Criminal Procedure Evidence Unlawful Assembly Attempt to Murder Witness Credibility Sentencing

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