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Supreme Court of India 2018-02-16 partly_allowed

Shajahan : Basheer vs State rep. by Inspector of Police

Bench: 2 — R. Banumathi

In Brief

In this dacoity-with-murder case, five accused committed robbery at a pawn shop in 2002, during which the watchman was strangled to death. All five were convicted under Section 396 IPC and sentenced to ten years. The High Court enhanced the sentence to life imprisonment. The Supreme Court upheld the convictions, finding clear evidence of the accused's involvement through witness testimony, recovery of stolen jewels, and investigating officer evidence. The Court held that hostile witnesses do not vitiate the case when corroborated by other credible evidence. The Court modified the sentence back to ten years, considering the 2002 date, lack of weapons, and circumstances, and ordered immediate release of appellants who had served over ten years.

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Criminal Law Dacoity Murder Sentencing Evidence Hostile Witnesses Indian Penal Code

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