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Supreme Court of India 2018-05-15 dismissed

Khurshid Ahmed vs State of Jammu and Kashmir

Bench: 2 — N.V. Ramana

In Brief

A shop owner (Arshad Sajad) was fatally assaulted with an iron rod after a payment dispute with the appellant. The victim and his father reported the assault to police; the victim died from head injuries during hospital transfer. The trial court acquitted the appellant, but the High Court reversed this and convicted him under Sections 302/341 RPC based on eyewitness testimony of the father, medical evidence, and circumstantial evidence. The Supreme Court upheld the conviction, holding that credible direct evidence from an interested witness, when supported by medical and circumstantial evidence and recovery of the weapon, proves guilt beyond reasonable doubt regardless of whether motive is explicitly established. The trial court erred in adopting a hyper-technical approach to evidence evaluation.

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Criminal Procedure Evidence Law Appellate Review of Acquittal Eyewitness Testimony Interested Witnesses Circumstantial Evidence Murder Motive in Criminal Law

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