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Supreme Court of India 2018-06-01 partly_allowed

Jayaswamy vs State of Karnataka

Bench: 2 — Mohan M. Shantanagoudar

In Brief

The Supreme Court partly allowed the appeal of Jayaswamy, who had been convicted by the High Court for murder (Section 302) and grievous hurt (Section 326) IPC after the Trial Court acquitted him. The sole eyewitness consistently testified that the appellant assaulted only the informant, while other accused separately assaulted the two deceased. The Court held that appellate courts should not reverse acquittals without substantial reasons, and that where testimony is consistent and unambiguous, it must prevail over wound certificates. The Court acquitted the appellant of murder but upheld conviction for grievous hurt under Section 326 IPC, noting he had already served 11 years in prison.

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Criminal Law Appellate Practice Evidence Acquittal Murder and Culpable Homicide Grievous Hurt Eyewitness Testimony Common Intention

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