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Supreme Court of India 2016-10-06 dismissed

Kamta Yadav & Ors vs State of Bihar

Bench: 2 — A.K. Sikri

In Brief

Five appellants were convicted of murder under IPC Section 302 read with Section 149 for killing Ramayan Yadav during a land dispute. The High Court upheld their conviction. The appellants argued that the time of death was uncertain, there were no independent witnesses, and a Chowkidar who allegedly gave first information was not examined. The Supreme Court rejected these arguments, holding that conviction was sustainable based on six credible eyewitnesses, including three injured eyewitnesses whose actual presence at the scene was established. The omission to examine the Chowkidar was not fatal as the defence had not clearly identified him. The appeal was dismissed.

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Criminal Law Evidence Eyewitness Testimony Murder Conspiracy and Common Intent Postmortem Evidence Cross-examination Credibility of Witnesses

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