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Supreme Court of India 2019-02-19 dismissed

Laltu Ghosh vs State of West Bengal

Bench: 2 — Mohan M. Shantanagoudar

In Brief

A man (Laltu Ghosh) was convicted by the High Court of murdering his neighbour after the Trial Court had acquitted him. The victim's son and wife (eyewitnesses) testified that Laltu and his brother, at their father's instigation, stabbed the victim. The Trial Court rejected this evidence, saying the witnesses were biased relatives. The Supreme Court upheld the conviction, holding that 'related' witnesses are not automatically 'interested' witnesses motivated by falsehood. The Court found the eyewitness evidence consistent and reliable, supported by the victim's dying declaration to the doctor. Minor discrepancies in testimony did not undermine the core narrative. The Court affirmed the High Court's power to set aside acquittals on independent re-evaluation of evidence.

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Criminal Law Evidence Law Murder Dying Declaration Witness Examination Eyewitness Testimony Related Witnesses Interested Witnesses High Court Appeals Trial Court Judgment Witness Credibility

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