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Supreme Court of India 2022-03-07 allowed

The State of Andhra Pradesh vs The State of Andhra Pradesh and Others

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

A man was attacked and killed by a group in January 2007. The trial court convicted three of eleven accused of murder and rioting; the High Court reversed this, acquitting them citing alleged time manipulation in the FIR and dubious witness credibility. The Supreme Court allowed the prosecution's appeal, holding that merely being relatives of the deceased does not disqualify witness testimony; minor contradictions do not vitiate consistent evidence about the assault; a seven-hour delay in reporting is not fatal when the FIR reached the Magistrate within 24 hours; and unraised allegations about FIR defects cannot justify wholesale acquittal. The Court restored the conviction and life sentences for the three main assailants, while dismissing the complainant's appeal to convict the other eight accused.

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Criminal Procedure Evidence Law Witness Credibility Identification Unlawful Assembly Murder Appellate Jurisdiction FIR Procedure

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