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Supreme Court of India 2019-02-19 dismissed

LALTU GHOSH vs THE STATE OF WEST BENGAL

Bench: 2 — Mohan M. Shantanagoudar, Dinesh Maheshwari

In Brief

In this murder case, the trial court acquitted the accused, but the High Court set aside the acquittal and convicted Laltu Ghosh. The Supreme Court upheld the conviction. The key issues were whether the eyewitness evidence from the victim's son and wife could be trusted, and whether the victim's dying declaration to a doctor was reliable. The Court held that related witnesses are not automatically unreliable merely because they are relatives of the victim. Where eyewitness testimony is consistent and corroborated by other evidence like a dying declaration, minor variations do not undermine conviction. The Court dismissed the appeal, affirming that the High Court correctly reappreciated the evidence and justified setting aside the acquittal.

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Criminal Law Evidence Dying Declaration Eyewitness Testimony Related Witnesses Murder Conviction Appellate Review Criminal Procedure

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