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Supreme Court of India 2022-08-04 allowed

JAI PRAKASH TIWARI vs STATE OF MADHYA PRADESH

Bench: 3 — N.V. Ramana, Krishna Murari, Hima Kohli

In Brief

The Supreme Court acquitted a man convicted of attempt to murder based on a shooting incident. The appellant was accused of firing at a complainant from a country-made pistol. The Court found that the prosecution's case rested entirely on the testimony of the complainant and his mother—both inherently interested—with contradictions that undermined credibility. Independent witnesses denied seeing the incident. The seizure of the alleged weapon was marred by conflicting statements from witnesses, and no ballistic evidence linked it to the crime. Critically, the trial court failed to properly examine the appellant's alibi defence (supported by two witnesses placing him in his village at the time) or his claims of political motive for false implication. Finding insufficient proof beyond reasonable doubt, the Court allowed the appeal and set aside the conviction."

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Criminal Law Evidence Attempt to Murder Common Intention Arms Act Fair Trial Rights Credibility of Witnesses Alibi Defence

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