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Supreme Court of India 2019-05-31 dismissed

Kamlakar vs State of Maharashtra

Bench: 2 — A.S. Bopanna

In Brief

The appellant was convicted by the Sessions Court and High Court for the murder of Dhammanand under Section 302 IPC, though acquitted of rioting charges. He contended that the eyewitnesses could not have seen the murder committed inside the house, and that the recovery of the murder weapon ('katti') was not satisfactorily established. The Supreme Court upheld the conviction, finding the eyewitnesses credible, accepting that they could have witnessed the incident from the threshold, and concluding that the weapon was recovered in accordance with law with supporting forensic evidence indicating homicidal death. The appeal was dismissed.", <parameter name="principles">["Concurrent findings of fact by lower courts are entitled to great weight and the Supreme Court will not ordinarily interfere unless there is clear evidence of error or misapprehension of facts", "The recovery of a weapon used in the commission of a crime, when done in the manner known to law with appropriate forensic reports, establishes reliable evidence of the commission of the offence", "Eyewitnesses standing at the entrance or threshold of a room may have visibility of events occurring inside, and their evidence cannot be discounted merely because they were not inside the room", "Homicidal death established through autopsy findings combined with eyewitness testimony and forensic evidence of the weapon provides a strong basis for conviction under Section 302 IPC"]

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