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Supreme Court of India 2017-02-28 allowed

Rajagopal vs Muthupandi @ Thavakkalai & Ors

Bench: 2 — R.F. Nariman

In Brief

Five men armed with sickles attacked and severely injured Rajagopal at a bus stop in 1999, causing multiple grave injuries including skull fracture and leg fractures that led to amputation. The Trial Court convicted all five under Sections 148 and 307/149 IPC based on the injured eyewitness's direct evidence identifying each attacker and their specific role. The High Court acquitted them citing procedural lapses and hostile witnesses. The Supreme Court set aside the acquittal, holding that the eyewitness's unchallenged testimony proving direct participation with deadly weapons and common object to kill could not be overridden by technical defects. The conviction and seven-year sentence were restored.

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Criminal Law Criminal Procedure Appeals Against Acquittal Evidence Eyewitness Testimony Assault Unlawful Assembly

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