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Supreme Court of India 2019-01-31 dismissed

Kalua @ Koshal Kishore vs State of Rajasthan

Bench: 2 — Banumathi

In Brief

Two men were convicted by the Trial Court and affirmed by the High Court of murder (Section 302 IPC) with common intention (Section 34 IPC) in connection with the death of Lakhan in Bayana market on 17 September 1999. The appellants challenged the conviction on grounds that some co-accused were acquitted, the main prosecution witness had been convicted in another case, and the murder weapon was not recovered from one accused. The Supreme Court held that the concurrent findings of the Trial Court and High Court that the eyewitnesses were credible and their evidence unassailable should not be disturbed. The Court dismissed the appeals and noted the appellants' eligibility to seek remission after serving over ten years imprisonment.

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Criminal Procedure Murder Common Intention Eyewitness Evidence Credibility

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