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Supreme Court of India 2017-03-07 allowed

Himanshu Mohan Rai vs State of U.P. and Anr

Bench: 2 — S.A. Bobde

In Brief

A man was shot and killed outside his hotel on New Year's Eve. The trial court convicted the accused of murder, but the High Court acquitted him, doubting the eyewitness testimony due to technical deficiencies and failure to recover the murder weapon. The Supreme Court allowed the appeals by the victim's brother and the State, holding that the eyewitness testimony was credible and corroborated by bullet evidence recovered from the victim's body. The Court ruled that while the actual murder weapon was not recovered, reliable eyewitness testimony cannot be discredited merely due to such technical failures. The accused was convicted of murder and sentenced to life imprisonment."

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Criminal Law Murder Witness Credibility Ballistic Evidence Acquittal Interference with Acquittal

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