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Supreme Court of India 2023-10-10 dismissed

KAMAL PRASAD & ORS vs THE STATE OF MADHYA PRADESH

Bench: 2 — Abhay S. Oka, Sanjay Karol

In Brief

Three convict-appellants challenged their conviction for murder, attempted murder, and use of explosives in connection with a fatal attack on 17 April 1988 in which two persons died. The appellants contested the prosecution's case based on alleged FIR delay, contradictory witness testimonies, the deceased's criminal background, and their alibi pleas. The Supreme Court upheld the conviction, finding the three key eyewitnesses credible and their testimonies coherent on material facts. The two-hour FIR delay was justified by witness injuries. The alibi plea lacked corroborative evidence. The deceased's unsubstantiated criminal history could not benefit the accused. The appeal was dismissed and the conviction and sentences affirmed.

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Criminal Law Evidence Witness Credibility Alibi Defence FIR Delay Murder Explosive Substances

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