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Supreme Court of India 2021-07-06 dismissed

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

Bench: 2 — Dhananjaya Y. Chandrachud, M.R. Shah

In Brief

Three men were convicted of murdering Bhishampal Singh on 28 January 2006. A1-Rakesh allegedly shot him; A2-Suresh and A3-Anish assaulted him with knives. The trial court and High Court convicted all three under Section 302 read with Section 34 IPC. On appeal, the accused challenged the credibility of eyewitnesses PW1 and PW2, and pointed out that the ballistic report did not match the recovered firearm. The Supreme Court upheld the conviction, holding that PW1 and PW2 were reliable eyewitnesses whose presence was established, minor contradictions did not undermine credibility, and ballistic discrepancies could not override credible eyewitness evidence corroborated by medical findings showing a gunshot injury.

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Criminal Law Evidence Eyewitness Testimony Murder Common Intention Credibility of Witnesses Ballistic Evidence

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