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Supreme Court of India 2021-03-23 dismissed

NETAJI ACHYUT SHINDE (PATIL) & ANR vs THE STATE OF MAHARASHTRA

Bench: 3 — L. Nageswara Rao, Hemant Gupta, S. Ravindra Bhat

In Brief

Three accused were convicted of murder (Section 302 read with Section 34 IPC) by the High Court after it reversed the acquittal of two of them by the trial court. The trial court had acquitted two appellants based on the absence of injuries corresponding to alleged fist blows and kicks. The Supreme Court upheld the High Court's decision, holding that clear, consistent eyewitness testimonies established the appellants' physical presence and active participation in the assault. The Court rejected arguments that an incomplete telephonic intimation constituted the FIR, endorsed the formal complaint as the valid FIR, and ruled that common intention was amply demonstrated. The appeals were dismissed.",

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Criminal Law Evidence Appellate Jurisdiction Section 34 IPC Common Intention Eyewitness Testimony Medical Evidence FIR Registration Acquittal Reversal

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