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Supreme Court of India 2022-01-31 dismissed

Pappu Tiwary vs State of Jharkhand

Bench: 2 — Sanjay Kishan Kaul

In Brief

On 7 March 2000, Vikas Kumar Singh was killed in an attack by six accused persons who fired at and stabbed him. Four persons were convicted by trial court and High Court affirmed convictions. Law Tiwari and Pappu Tiwari appealed to the Supreme Court. Law Tiwari claimed alibi (fractured leg on 24 January), but failed to produce doctor, x-ray plate, or hospital admission records despite having produced two defence witnesses. Pappu Tiwari challenged credibility of eye witnesses, FIR timing, injury discrepancies, and character evidence used by courts. The Court held concurrent findings on alibi rejection were sound; FIR procedure complied with law; inquest-postmortem difference was immaterial as inquest is not substantive evidence; eye witness testimony was credible and consistent. Both appeals dismissed.

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Criminal Law Evidence Eye Witness Testimony Plea of Alibi Post-Mortem Evidence FIR Procedure Character Evidence Criminal Procedure

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