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Supreme Court of India 2019-09-05 allowed

Hari Singh & Another vs State of Madhya Pradesh

Bench: 2 — 2

In Brief

In this criminal appeal, appellants were convicted by the trial court under sections of the Indian Penal Code for assault, wrongful restraint, attempted murder, murder and criminal intimidation. The appellants challenged the conviction, arguing procedural defects and evidentiary weaknesses. The Supreme Court found reasonable doubt regarding the accused's identity and their linkage to the offence, noting the victim subsequently died, critical eyewitness (victim's 10-year-old daughter) turned hostile, and significant delays in FIR lodging. The Court acquitted the appellants, setting aside convictions from both trial and high courts, emphasizing that in fatal cases, prosecution must establish identity beyond doubt.

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Criminal Law Evidence Dying Declaration Identity of Accused FIR Lodging Investigation Procedure Witness Credibility Murder

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