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Supreme Court of India 2018-01-30 partly_allowed

Latesh @ Dadu Baburao Karlekar & Ors vs State of Maharashtra

Bench: 2 — N.V. Ramana

In Brief

Five accused persons appealed against their conviction for murder and attempted murder arising from an armed assault on two brothers in December 2006. The Supreme Court set aside the conviction of Accused Nos. 2 and 3, holding that the prosecution failed to establish their guilt beyond reasonable doubt—they were not named in the deceased's statement, no weapons were recovered from them, and the only evidence was uncorroborated eyewitness testimony. However, the convictions of Accused No. 1 (caught red-handed with a blood-stained chopper), and Accused Nos. 5 and 6 (whose weapons were recovered and who were named in both the FIR and deceased's statement) were upheld as the evidence sufficiently established their guilt beyond reasonable doubt.

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Criminal Law Evidence Eyewitness Testimony Unlawful Assembly Murder Attempted Murder Weapons Act Proof Beyond Reasonable Doubt

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