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Supreme Court of India 2020-01-21 partly_allowed

DULESHWAR & ANR vs THE STATE OF M.P. (NOW CHHATTISGARH)

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

Seven appellants were convicted of murder (Section 302/149 IPC) and rioting with deadly weapons for attacking villagers, causing death to one and grievous injuries to another in a dispute over land. The Supreme Court upheld convictions of five appellants (Bharosaram, Duleshwar, Bhanjan Singh, Keshav Prasad, and Nand Kumar) based on eyewitness identification, corroboration of material facts (dragging the victim, threats to witnesses, recovery of blood-stained weapons), and the large mob's common object to kill. However, the Court acquitted two appellants (Khemuram and Lakhan) for insufficient corroboration: one witness named 'Hemu' but not the actual accused, and no other eyewitness confirmed their participation; recovered weapons bore no blood-stains. The appeals by the acquitted two were partly allowed.

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Criminal Law Unlawful Assembly Murder Circumstantial Evidence Eyewitness Testimony Identification of Accused Evidence Common Intention Rioting with Deadly Weapons

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