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Supreme Court of India 2019-02-21 dismissed

Mahendran vs State of Tamil Nadu

Bench: 2 — Hemant Gupta

In Brief

Nine accused were convicted by the trial court and upheld largely by the High Court for the murder and maiming of Murugaiyan, a member of a Scheduled Caste who opposed caste-based interests in Panchayat affairs. Armed with sickles and stones, two accused set fire to Murugaiyan's hut while others attacked him. The appellants challenged their convictions, arguing prosecution witnesses were unreliable because some co-accused were acquitted. The Supreme Court held that witness credibility cannot be rejected in toto because parts are disbelieved; the doctrine 'falsus in uno, falsus in omnibus' does not apply in India. It found sufficient evidence of common object—burning the hut and murdering Murugaiyan—among the unlawful assembly members, making all liable under Section 149 IPC regardless of individual acts. Appeals were dismissed."

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Criminal Law Unlawful Assembly Murder Evidence Witness Credibility Common Object

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