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Supreme Court of India 2022-08-26 allowed

MUNUWA @ SATISH ETC vs THE STATE OF UTTAR PRADESH

Bench: 2 — B.R. Gavai, Pamidighantam Sri Narasimha

In Brief

In this criminal appeal, the Supreme Court acquitted two appellants of murder and attempted murder charges despite conviction and affirmation by lower courts. The case arose from a 1979 shooting incident. The Court found that the prosecution failed to prove guilt beyond reasonable doubt due to: inconsistencies between two dying declarations recorded 16+ hours apart, contradictory eyewitness testimony with unnatural conduct, complete absence of blood stains at the alleged crime scene despite seven gunshot wounds, and failure to recover weapons, cartridges, or pellets. The Court held that dying declarations without medical certification of fitness and lacking corroboration cannot sustain conviction.

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Criminal Law Evidence Dying Declaration Eyewitness Testimony Circumstantial Evidence Murder Criminal Procedure Burden of Proof

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