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Supreme Court of India 2022-02-04 dismissed

Rajesh Yadav and Another etc vs State of U.P

Bench: 2 — M.M. Sundresh

In Brief

Two appellants were convicted of murder (killing two persons with multiple bullet injuries on 17 September 2004) and sentenced to life imprisonment under the Arms Act. The trial court's conviction was modified by the High Court which acquitted them of attempted murder (Section 307 IPC) but upheld life sentences under Section 25 of the Arms Act. The Supreme Court upheld the High Court's judgment, holding that: evidence of related eyewitnesses is admissible and does not require independent corroboration if clear and cogent; hostile witnesses' testimony cannot be wholly rejected; non-examination of an injured witness does not vitiate the case if explained; and forensic evidence sufficiently established the appellants' guilt. The Court dismissed the appeals and expressed serious concern about witness tampering through prolonged cross-examination adjournments.

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Criminal Law Evidence Murder Eyewitness Testimony Hostile Witnesses Firearms Offence Appreciation of Evidence

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