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Supreme Court of India 2019-01-31 dismissed

Kalua @ Koshal Kishore vs State of Rajasthan

Bench: 2 — Banumathi

In Brief

The appellants were convicted of murder under Section 302 IPC read with Section 34 (common intention) for killing Lakhan in Bayana market in 1999. The Trial Court and High Court both accepted the credible eye-witness testimony of two natural witnesses (PW-9 and PW-12) who were present in the market and witnessed the deceased being surrounded and shot. The Supreme Court upheld the conviction, holding that concurrent findings by both lower courts accepting witness credibility should not be disturbed. The acquittal of some co-accused did not undermine the proven guilt of the appellants. The Court dismissed the appeals and noted that the appellants could seek remission after serving over ten years.

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Criminal Law Murder Evidence Appellate Review Witness Credibility Concurrent Findings

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