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Supreme Court of India 2020-11-03 allowed

Rajesh @ Sarkari & Anr vs State of Haryana

Bench: 3 — Dhananjaya Y. Chandrachud, Indu Malhotra, Indira Banerjee

In Brief

Rajesh and Ajay were convicted of murdering Sandeep Hooda at Rohtak University based on eyewitness testimony and recovered firearms. The Supreme Court reversed their life sentences, acquitting them on the grounds that the two primary eyewitnesses (the deceased's father and brother) were likely not present at the scene, as evidenced by contradictions between their depositions and the original FIR which stated other persons transported the victim. Additionally, the ballistics evidence was seriously compromised: only one weapon was analysed against evidence recovered from the crime scene, one recovered weapon was not examined, ammunition descriptions varied inconsistently, and the prosecution failed to examine the ballistics experts despite material discrepancies. The refusal to undergo identification parade was given little weight. After 12 years of imprisonment, the appellants were acquitted and released.

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Criminal Law Murder Evidence Ballistics Eye-Witness Testimony Criminal Procedure Firearm Evidence

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