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Supreme Court of India 2021-07-06 dismissed

Rakesh and another vs State of U.P. and another

Bench: 2 — M.R. Shah

In Brief

A man and two others were convicted of murder for killing Bhishampal Singh in January 2006. The main accused, Rakesh, allegedly shot the deceased with a pistol, while his co-accused assaulted the body with knives. The appellants challenged conviction, questioning the reliability of eyewitnesses and citing a ballistic report showing the recovered gun did not match the bullet. The Supreme Court affirmed the conviction, holding that the credible eyewitness testimony of two witnesses present at the scene, corroborated by medical evidence of a gunshot injury, established guilt despite the ballistic mismatch. Minor discrepancies in witness testimony did not vitiate their credibility, and the defence failed to prove false implication.

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Criminal Law Murder Eyewitness Evidence Credibility of Witnesses Circumstantial Evidence Arms Act Ballistic Evidence Medical Evidence Section 34 IPC (Common Intention)

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