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Supreme Court of India 2021-08-24 dismissed

LALA @ ANURAG PRAKASH AASRE vs THE STATE OF MAHARASHTRA

Bench: 2 — Sanjay Kishan Kaul, Hrishikesh Roy

In Brief

On 22 January 2009, a group of armed men attacked and killed Balu Mandpe in Maharashtra. Though the injured informant omitted the appellant's name from the FIR, four eyewitnesses consistently identified him in court as the man who wielded the sword and struck both the informant and the deceased. The trial court and high court convicted the appellant of murder and conspiracy. On appeal, the appellant challenged the conviction, citing his non-mention in the FIR and the absence of a Test Identification Parade (TIP). The Supreme Court dismissed the appeal, holding that when an accused is previously known to eyewitnesses and specifically identified by name and appearance in court testimony, a TIP is unnecessary. The omission from the FIR is immaterial; consistent eyewitness evidence establishes guilt beyond doubt.

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Criminal Procedure Identification Evidence Eyewitness Testimony Test Identification Parade Murder Proof of Identity

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