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Supreme Court of India 2024-07-08 dismissed

Dharmendra Kumar @ Dhamma vs State of Madhya Pradesh

Bench: 2 — Surya Kant, K.V. Viswanathan

In Brief

Dharmendra Kumar was convicted of murder under Section 302 read with Section 34 IPC for stabbing a man named Tillu with a knife during a brawl over construction of a hut wall. The appellate courts upheld the conviction based on eyewitness testimony, the recovery of a blood-stained knife from the appellant's hidden location, and corroborating medical evidence of stab injuries. The Supreme Court dismissed the appeal, rejecting contentions that contradictions about the incident location (Bhairav Shastri's hut), procedural defects in FIR recording, weak identification, and inconclusive blood group testing undermined the case. The Court held eyewitness evidence sufficient, the weapon recovery admissible under Section 27 IEA, and the deceased's police statement acceptable as a dying declaration without formal medical certification.

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Criminal Procedure Evidence Law Eyewitness Identification Dying Declaration Disclosure Statement Murder Corpus Delicti

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