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Supreme Court of India 2018-02-01 partly_allowed

Selvaraj & Anr vs State by Inspector of Police, Tamil Nadu

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellants were convicted of murder based on eye-witness testimony that they participated in a mob attack killing the deceased Umanath in 2007. The Supreme Court examined the consistency of eye-witness accounts. One witness (PW-6) saw a mob attack but did not specifically name any accused, while another witness (PW-11) named four accused including both appellants. The Court held that Accused No. 3's conviction based solely on PW-11's uncorroborated testimony, inconsistent with PW-6's failure to identify, was unsafe and warranted acquittal. However, Accused No. 4's conviction was upheld due to corroborating physical evidence: a knife recovered at his instance capable of causing the fatal injuries documented at post-mortem. The appeal was partly allowed, acquitting Accused No. 3 while confirming Accused No. 4's conviction.

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Criminal Procedure Evidence Murder Witness Examination Conviction and Acquittal Eye-Witness Testimony

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