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Supreme Court of India 2019-11-29 allowed

JODHRAJ vs THE STATE OF RAJASTHAN

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

On 22 May 2005, a group of 14 men allegedly formed an unlawful assembly and attacked Hariram, who died from his injuries. The trial court convicted five, including appellants Jodhraj and Jagdish Prasad, under IPC sections 148 and 302/149. The High Court acquitted Bhanwar Lal, finding eye-witness statements recorded 18 days later unreliable and exaggerated, but confirmed the appellants' convictions on the same evidence. The Supreme Court allowed the appeal, holding that when witness credibility is doubted to acquit one accused, identical reasoning must extend to other accused tried on the same evidence. Both appellants were acquitted; the State's appeal challenging Bhanwar Lal's acquittal was dismissed."

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Criminal Law Evidence Witness Credibility Unlawful Assembly Murder Consistency of Judgment

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