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Supreme Court of India 2019-02-21 dismissed

MAHENDRAN vs THE STATE OF TAMIL NADU

Bench: 2 — Hemant Gupta, Sanjay Kishan Kaul

In Brief

Mahendran and eight others appealed their conviction for murder under IPC Sections 302 and 326 read with 149, arising from a caste-related lynching in Tamil Nadu where Murugaiyan was attacked with sickles and his hut set ablaze. The Supreme Court held that despite some co-accused being acquitted, the testimony of three eyewitnesses was reliable and sufficiently corroborated regarding the appellants' presence in the unlawful assembly and their common object. The Court rejected arguments that partial acquittals discredited the entire prosecution case, affirming that Indian law does not apply the maxim 'falsus in uno, falsus in omnibus.' The convictions were upheld, finding that common object to kill was established by circumstances and the severe injuries inflicted on the deceased.

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Criminal Law Unlawful Assembly Murder Evidence Credibility of Witnesses Common Object Indian Penal Code

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