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Supreme Court of India 2018-07-10 dismissed

Motiram Padu Joshi and Others vs State of Maharashtra

Bench: 2 — R. Banumathi

In Brief

In this 2015 murder case from Maharashtra, appellants were convicted by the High Court after the trial court acquitted them in connection with the 1992 death of Machindra Joshi, who was attacked by a mob armed with swords and other weapons. Three eyewitnesses consistently testified about the attack. The Supreme Court upheld the High Court's conviction, finding the trial court's acquittal perverse. The Court held that witness testimony cannot be discarded merely because names were omitted from the FIR or because witnesses did not intervene. The eyewitness accounts were corroborated by medical evidence showing 26 injuries and recovery of blood-stained weapons. The appellants' conviction under IPC sections 147, 148, 302 with 149, and life imprisonment sentences were confirmed.

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Criminal Procedure Evidence Witness Credibility Murder Appellate Review Acquittal Reversal Eyewitness Testimony

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