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Supreme Court of India 2021-05-07 allowed

Mallappa vs State of Karnataka

Bench: 3 — Aniruddha Bose

In Brief

Mallappa was charged with murdering his brother Earappa by assault with a club. The Trial Court acquitted both accused. The High Court, on appeal by the State, convicted Mallappa, relying on the widow's testimony (though contradictory), witness sightings of two persons running away, and recovery of a club. The Supreme Court allowed Mallappa's appeal, holding that the widow was not a credible eyewitness due to contradictions between examination-in-chief and cross-examination; the weapon lacked expert evidence linking it to the injury; and merely seeing two persons flee was insufficient evidence. The Court set aside the conviction and restored acquittal.",

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