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Supreme Court of India 2018-04-05 partly_allowed

Prem Singh vs State of Uttarakhand

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant and co-accused were convicted of dacoity and related offences for attacking a man's home in 1983, armed with swords and lathis, assaulting the occupants and stealing gold and silver. Three eye-witnesses consistently identified the perpetrators, and their credible testimony withstood cross-examination without being shaken by the defence. While the Supreme Court upheld the conviction under Section 394 IPC (dacoity) based on the reliable eye-witness evidence, it modified the sentence from life imprisonment to the period already served (over 14 years), deeming this just in the circumstances. The appellant was ordered released immediately unless required for another case.

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Criminal Procedure Evidence Dacoity Sentencing Eye-witness Testimony

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