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Supreme Court of India 2020-01-21

Duleshwar & Anr vs State of M.P. (Now Chhattisgarh)

Bench: 2 — Dinesh Maheshwari

In Brief

Seven accused appealed against conviction for murder and rioting. The case involved two violent incidents on 15.10.1998 in Chhattisgarh, resulting in one death and injuries. The Supreme Court upheld the conviction of five appellants (Bharosaram, Duleshwar, Bhanjan Singh, Keshav Prasad, Nand Kumar) as members of the unlawful assembly that killed Govind Singh, finding their identification established through consistent eye-witness testimony and recovery of bloodstained weapons. However, the Court acquitted two appellants (Khemuram and Lakhan) for insufficient proof of their participation, as eye-witness accounts were inconsistent or lacking corroboration. The judgment emphasized that while one reliable witness may suffice in cases involving large assemblies, consistency across multiple witnesses strengthens identification in such complex scenarios.

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Criminal Law Unlawful Assembly Murder Rioting Evidence - Identification Proof Beyond Reasonable Doubt Section 149 IPC Witness Testimony

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