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Supreme Court of India 2022-01-31 dismissed

LAW TIWARI @ UPENDRA KUMAR TIWARI vs STATE OF JHARKHAND

Bench: 2 — Sanjay Kishan Kaul, M.M. Sundresh

In Brief

On 7 March 2000, Vikas Kumar Singh was killed in an attack by six accused, with Pappu Tiwari allegedly firing a pistol and others inflicting knife wounds. All six were convicted of murder. Two appellants challenged: Law Tiwari raised a plea of alibi (fractured leg), claiming he could not have participated. The Supreme Court held that he failed to discharge the burden of proving alibi with certitude, as he did not produce the doctor or X-ray evidence. Pappu Tiwari challenged on multiple grounds, including discrepancies between inquest and post-mortem reports and eye-witness testimony. The Court held that inquest reports are not substantive evidence; post-mortem findings by medical experts are conclusive. Eye-witness testimony was consistent and reliable. Both appeals were dismissed.

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Criminal Law Evidence Murder Alibi Eye-witness Testimony Post-mortem Evidence Criminal Procedure Inquest Report

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