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Supreme Court of India 2019-03-28 dismissed

KALI PRASAD SINGH vs THE STATE OF UTTAR PRADESH

Bench: 2 — Arun Mishra, Navin Sinha

In Brief

Kali Prasad Singh and another were convicted of murder (Section 302 IPC) for fatally shooting Surendra Singh on 18 February 2000 near Varanasi. The appellants challenged their conviction, arguing that the sole eyewitness's testimony was unreliable, the FIR was ante-dated, light conditions prevented identification, and powder marks were absent from wounds. The Supreme Court upheld the conviction, finding the eyewitness credible and substantially corroborated by a constable who witnessed the accused fleeing. The Court held the FIR was not ante-timed, that light from nearby premises was sufficient for identification, and that the absence of powder marks was explained by the deceased wearing a hooded jacket. The appeals were dismissed and the conviction and sentence confirmed.

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